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ARTICLE · 06 JUNE 2016

The Problem Of Wearing Two Caps Simultaneously Part II

Womble Bond Dickinson
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In 1999, the Town formed a 30-year lease with GWS for a total rent payment of $1.00. The lease limited GWS's use of the property to operation of a wildlife public education that permitted the housing of wildlife.

United StatesReal Estate and Construction
John Cooke
John Cooke
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Our theme is that nobody looks good wearing two caps simultaneously. In Part I, we discussed the breach of lease claim asserted by the Town of Beech Mountain (Town) as landlord against Genesis Wildlife Sanctuary (GWS) in the recent case of Town of Beech Mountain v. Genesis Wildlife Sanctuary, 2016WL2646664 (May 10, 2016). The Town did not prevail on its breach of lease claim.

In Part II, we discuss GWS's claim of violation of its substantive due process against the Town. The core of GWS's substantive due process claim arises from the Town wearing two caps simultaneously – being GWS's landlord and land use regulator.

Town of Beech Mountain v. Genesis Wildlife Sanctuary

A. Facts

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