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Preclusive Effect of an Article 78 Determination on a Subsequent Federal Section 1983 Claim
When a state court dismissed a landowner’s article 78 proceeding challenging a zoning determination, can the landowner then bring an action in federal court raising federal constitutional challenges to the same determination? New York federal courts have faced that issue on a number of recent occasions, most recently in Underhill Land, LLC v. Town of Catskill, 2025 WL 2793756. In that case, the United States District Court for the Northern District of New York dismissed a variety of federal constitutional challenges, holding that collateral estoppel principles barred the claims.
The Underhill Facts
Before buying property in 2022, landowner asked town officials whether the access road to the property would require any permits or renovations in order to develop the property in accordance with the town’s zoning and building code. According to landowner, the building inspector stated that he did not think a permit was necessary and that a direct drive over an existing road would not be a problem. Landowner then bought the property and obtained permits from the town to begin developing four houses on the property. The town inspected the buildings during construction without raising concerns about the access road. When construction was complete on the first two homes, landowner requested certificates of occupancy (COs), but the town denied the requests, citing concerns about the adequacy of the access road. The town also issued stop work orders on the last two houses. Landowner then brought an article 78 proceeding challenging the denial of the COs and seeking rescission of the stop work orders on the last two houses. At a settlement conference, the parties reached an agreement to grant the COs, but landowner contended that the town then changed the terms to require landowner to pay legal fees and sign a general release. Landowner then moved for an order directing specific performance of the agreement reached at the settlement conference. The court ultimately denied landowner’s petition in January 2024.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.