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?

5 minute read October 31, 2025 at 11:11 PM
By
Stewart E. Sterk
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?

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