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Development

By New York Real Estate Law Reporter Staff
April 30, 2025

Selective Enforcement Claim Against Town Dismissed

Thomas v. Genova
2025 WL 583182
U.S. Court of Appeals, Second Circuit
(unsigned opinion)

In property owners’ action alleging malicious prosecution, selective enforcement of the zoning code, and intentional discrimination, property owners appealed from federal district court’s grant of summary judgment to the town and town officials. The Second Circuit affirmed, holding that property owners had not raised questions of fact warranting trial.

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