Laserfiche WebLink
<br />preference clause is void for vagueness. Each of <br />these allegations are discussed in turn below. <br /> <br />For a claim of deprivation of due process to <br />prevail, the ent1ty suffering the constitutional <br />violation must flrst fall within the definition of <br /> <br />a "person." Ass~ming that the aggrieved utility, <br />political subdiv~s1on or citizen has standing to <br />assert a violation of due process, the next <br />question is whether a liberty or property interest <br />protected by the; Fifth Amendment is at stake. The <br />applicable test for determining whether any <br />property right is at issue has been established by <br />the Supreme Court in Board of Regents v. Roth, 408 <br />U.S. 564, 577 (1972): <br /> <br />To have a property interest in a benefit, a <br /> <br />i <br />person cle~rly must have more than an <br />I abstract need or desire for it. He must have <br />more than a unilateral expectation of it. He <br /> <br />, <br />must, inst~ad. have a legitimate claim of <br />! <br />entitlement to it. <br /> <br />. <br /> <br />Property interests, of course, are not <br />created by: the Constitution. Rather they are <br />created an~ their dimensions are defined by <br /> <br />48 <br />