Edelhertz v. City of Middletown

The City amended it’s zoning laws to prohibit the nonconforming use of non-owner-occupied multiple dwellings in various zoning districts. Plaintiffs alleged that the City’s failure to notify them, as affected property owners, prior to enacting this zoning change violated their due process rights under the Fourteenth Amendment. The court affirmed the district court’s conclusion that the change of zoning rules did not offend the procedural guarantees of the Due Process Clause because the zoning amendment was prospective and generally applicable, and was therefore “legislative” in character rather than “adjudicative.”

Edelhertz v. City of Middletown