Gordon v. Mt. Carmel Farms, L.L.C., 2021 Ohio 1233

Plaintiffs Jason and Nicole Gordon own a residence in Union Township abutting property owned by Mt. Carmel Farms, LLC; the two parcels share a 30-foot ingress/egress easement that crosses part of the Gordons' land.
Mt. Carmel Farms (zoned ER and CAUV-qualified) permits several commercial businesses to operate and uses the shared gravel easement for business access.
The Gordons sued Mt. Carmel Farms, Union Township, and Cory Wright (Township Planning & Zoning Director) seeking declaratory, injunctive relief and damages for alleged UTZR violations, nuisance, and unlawful expansion of the easement; the Gordons alleged Wright and the Township violated their Fourteenth Amendment rights by failing to enforce the zoning resolution (42 U.S.C. § 1983 claim).
Union Township and Wright moved to dismiss under Civ.R. 12(B)(6), arguing the § 1983 claim failed as a matter of law; the trial court denied the motion. The township and Wright appealed.
The appellate court held Wright was entitled to qualified immunity because the Gordons had no constitutionally protected property interest in mandatory enforcement of the zoning code, and the Township could not be liable under § 1983 absent an alleged policy or custom causing the deprivation; the court reversed and entered judgment for appellants on the 12(B)(6) motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Wright is entitled to qualified immunity for alleged § 1983 violation by failing to enforce the zoning code	Gordons: Wright's refusal to enforce UTZR deprived them of Fourteenth Amendment rights (property interest)	Wright: enforcement is discretionary; no protected property interest in mandatory code enforcement; thus qualified immunity applies	Wright entitled to qualified immunity; dismissal granted
Whether Union Township may be held liable under § 1983 for Wright's alleged failure to enforce UTZR	Gordons: Township liable for failing to enforce zoning, causing constitutional injury	Township: Municipal liability requires an official policy or custom causing the constitutional violation (Monell); plaintiffs pleaded only a single-incident/respondeat-superior theory	Claim dismissed as plaintiffs failed to allege any policy/custom or causal link; respondeat superior insufficient

Harlow v. Fitzgerald, 457 U.S. 800 (1982) (establishes qualified immunity standard for public officials)
Town of Castle Rock v. Gonzalez, 545 U.S. 748 (2005) (no constitutional property interest in discretionary enforcement of protective orders; discretionary benefits are not protected entitlements)
Monell v. New York City Dept. of Social Services, 436 U.S. 658 (1978) (municipal liability under § 1983 requires an official policy or custom causing the constitutional violation)
Bd. of Regents v. Roth, 408 U.S. 564 (1972) (property interest requires a legitimate claim of entitlement)
Malley v. Briggs, 475 U.S. 335 (1986) (qualified immunity protects all but plainly incompetent or those who knowingly violate the law)
Canton v. Harris, 489 U.S. 378 (1989) (to impose municipal liability, plaintiff must show a direct causal link between policy/custom and constitutional injury)
Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454 (1989) (government benefits are not protected entitlements where officials have discretion to grant or deny)
Gregory v. Shelby Cty., 220 F.3d 433 (6th Cir. 2000) (municipal liability requires execution of government policy or custom resulting in constitutional tort)