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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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When Is A Real Estate Instrument Filing Fee An Unauthorized Tax?
By Cameron Macdonald
Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.
By New York Real Estate Law Reporter Staff
Notice of Pendency Improper In Private Nuisance Action
Incapacity and Undue Influence Challenge to Deed Fails
Authority Entitled to Divert Surface Water
Covenant Restricting Landscaping Changes Enforced
Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice
By New York Real Estate Law Reporter Staff
Attorney’s Fee Awarded On Interest Accruing During Appeal
By New York Real Estate Law Reporter Staff
Tenant’s Summary Judgment Motion Denied In Rent Overcharge Proceeding