Oregon Entertainment Corp. v. City of Beaverton

*619 MEMORANDUM *

Oregon Entertainment Corporation (“OEC”) appeals the district court’s grant of summary judgment in favor of defendant City of Beaverton on OEC’s due process claims under 42 U.S.C. § 1983 . OEC argues that state and local statutes and regulations created a federally protected property interest in a conditional use zoning permit to operate on a 24-hour basis, and that the City of Beaverton violated OEC’s procedural due process rights by not allowing cross-examination at the hearing before the city council. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Reviewing the grant of summary judgment de novo, see Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), we agree with the district court that the regulations and statutes at issue did not create a federally protected property interest in the conditional use permit. “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it.” Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d…