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Development

By NYRE Staff
December 01, 2022

Taking Claim Ripe In Light of Town's Failure to Act

Village Green at Sayville, LLC v. Town of Islip, 2022 WL 3130648, U.S. Ct. App, Second Circuit (Opinion by Pooler, J.)

In an action by developer against the town asserting claims for takings and violation of the Fair Housing Act, developer appealed from the District Court's dismissal of the claims as unripe. The Second Circuit reversed, holding that the town board's failure to act on developer's request constituted a final decision.

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