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effectively lose their right to due process, he maintained.
According to Konick, NPEA has no vested right to the privileges granted in the BZA’s variance until either the 30 day time limit allowed by law for appeal of that decision expires or until the decision is affirmed by the circuit or supreme court. “It's got to be recognized that they (the NPEA) went ahead, printed their flyers, organized and planned their activities before they even applied for a variance...Tftey created the situation they’re in now,” Konick maintained. “Self-created hardship shouldn't provide special treatment under zoning laws.”
Not Constitutional Right
The constitution protects against the deprivation of life, liberty and property without due process of law, according to Jonathan Lynn, attorney for NPEA. He maintained that the right of review in the certiorari proceeding sought by Konick’s clients is not a constitutionally protected interest. "At best, it’s a statutory privilege authorized by the state legislature,” he argued. Lynn further noted that procedure for review is not unconditional, that it does not automatically stay the challenged proceedings.
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