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The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious users against abusive municipal land use practices. But when does a RLUIPA claim become ripe? In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley (2022 WL 4357933), a federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a “futility exception” to the requirement that a landowner obtain a final decision before proceeding to federal court. The seminary has appealed, so the Second Circuit will soon have the opportunity to address the ripeness issue.
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By NYRE Staff
Invalid Condition on Special Permit Does Not Invalidate Permit
Landmark Commission’s Certificate of Appropriateness Upheld
Area Variances Upheld
Negative Declaration on Zoning Amendment Upheld
BSA Misconstrued Curb Level Provision In Zoning Resolution
How Much Deference to Public Use Determinations?
By Stewart E. Sterk
How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
By NYRE Staff
Tax Deed Invalid for Inadequate Notice
Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner’s Parcel
By NYRE Staff
Ambiguities Prevent Summary Judgment In Action on Guaranty
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