The following excerpt is from Grill v. Quinn, No. 2:10-cv-0757 GEB GGH PS (E.D. Cal. 2013):
But the best characterization of the special use permits at issue in Pai are that they were totally discretionary, and when special use permits are mandatory and resemble property interest such as easements, due process may well apply. McKay v. United States, 516 F.3d 848, 850 (fn 3) (10th Cir. 2008). A review of the cases cited above bears out McKay's point. Indeed,
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