During the summer protests in Seattle, a group of protesters formed what became known as the "Capitol Hill Occupying Protest" (among other acronyms)--they occupied several city blocks as an "autonomous zone" free of city regulation and integration with the rest of the city, with the agreement of government officials. Property owners in that zone have sued the City to recover for property destroyed or shut down by protesters in the "CHOP" while police, by agreement, did nothing. For our purposes, see Part D: The plaintiffs assert a Takings claim, alleging that the city policy of allowing these businesses to be cut off from the rest of the city deprived them of economic use of their property, because their businesses could not operate. The court denied a 12(b)(6), concluding that the plaintiffs had sufficiently alleged a taking.
The piece of the opinion about substantive due process is covered in Civil Rights.
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