District Court, E.D. North Carolina November 1, 1990, 89-73-CIV-2-D (Mays-Ott Co., Inc. v. Town of Nags Head)

MEMORANDUM OF DECISION

DUPREE, District Judge.

Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging that the Town of Nags Head’s arbitrary and capricious refusal to extend an expired site plan approval for a partially completed duplex project deprived plaintiff of a vested property right in violation of the due process clause of the Fourteenth Amendment to the United States