Maui Vacation Rental Ass'n v. County of Maui

MEMORANDUM *

Maui Vacation Rental Association, Inc. (“MVRA”) appeals the district court’s dismissal (without leave to amend) of its 42 U.S.C. § 1988 due process claim, and its equitable estoppel claim, under Federal Rule of Civil Procedure 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The district court properly dismissed MVRA’s claims, because MVRA cannot prove a set of facts in support of its claims that would entitle its members to relief. Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004) (describing standard of review). Dismissal without leave to amend was appropriate because amendment would be futile. Flowers v. First Hawaiian Bank, 295 F.3d 966, 976 (9th Cir.2002).

“A threshold requirement to a substantive or procedural due process claim is the plaintiff’s showing of a liberty or property interest protected by the Constitution.” Wedges, Ledges of Cal., Inc. v. City of Phoenix, Ariz., 24 F.3d 56, 62 (9th Cir. 1994) (citing Bd. of Regents v. Roth, 408 U.S. 564, 569 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972)). The Constitution does not create protected property interests; they instead spring from “an independent source such as state…