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Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to due process claims by landowners who challenge municipal permit denials or revocations. Arizona Hudson Valley, LLC v. Allen, 2023 WL 3936640, illustrates three of those barriers: ripeness, the narrow definition of property for due process purposes, and the outrageous governmental conduct courts require to sustain a due process claim.
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When Is A Pretext By A Municipality A Bar To Land Use Approvals?
By Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
By New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
By New York Real Estate Law Reporter Staff
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval
Applicant Entitled to Permit For Small Wireless Facilities
By New York Real Estate Law Reporter Staff
Occupation of Premises Does Not Establish Assignment By Operation of Law
Amendment to Rent Stabilization Law Is Not Unconstitutional