Removal of Tow Company from County Tow List Not a Due Process Violation
In Tire Town Auto, LLC v. Wood County, the Seventh Circuit Court of Appeals found no due process violation when a county removed a tow company from the county's tow list.
A Wisconsin county maintained a list of towing businesses that were available on a rotating basis to recover vehicles on public roads. After receiving complaints about one of the tow companies, the county removed it from the list and the company sued, claiming the county violated its procedural due process rights in removing it from from the tow list. The county asked the court to dismiss the lawsuit, arguing there is no protected property interest in being listed on the county's tow list. The district court agreed and dismissed the case, and the company appealed.
The Seventh Circuit upheld the district court's ruling, finding that the tow company did not allege or identify any written or other source that would support a property interest, including a statute, regulation, or ordinance that would guarantee a business a spot on the county's tow list. As a result, the case was properly dismissed.
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