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New York Real Estate Law Reporter

Features

Ripeness and Zoning: Why Efforts to Bypass Local Land-Use Decisions Die on the Vine in the Second Circuit Image

Ripeness and Zoning: Why Efforts to Bypass Local Land-Use Decisions Die on the Vine in the Second Circuit

Leo Dorfman & Vincent Ferry

While the term ripeness may conjure up images of fruit or produce, in federal litigation it functions as a pragmatic barrier against premature judicial intervention. The plaintiffs in 61 E. Main St. Assoc., LLC v Vil. of Washingtonville felt the full force of this doctrine after their claims alleging unlawful, discriminatory delay in approving their project were dismissed as unripe for adjudication. The Southern District of New York reaffirmed the Second Circuit’s longstanding approach to zoning disputes: No Final Decision, No Federal Lawsuit.

Columns & Departments

Landlord and Tenant Law Image

Landlord and Tenant Law

New York Real Estate Law Reporter Staff

Second Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Church Entitled to Tax Exemption Because Town Did Not Prove Use Was a Violation of Zoning OrdinanceDetermination In Partition Action Precludes Adverse Possession ClaimQuestions of Fact About Confidential Relationship Precludes Summary Judgment On Constructive Trust ClaimEasement Rights Clarified

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Claim That Town Violated SEQRA ReinstatedGrant of Area Variance UpheldOrdinance Violates Free Exercise Clause

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Claims By Unit Owners Not Barred By “As Is” Clause In Purchase Agreement

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