Posted by: Patricia Salkin | February 10, 2011

NY Appellate Court Dismisses Takings Claim on Ripeness Grounds Where Owners Never Filed Application

Plaintiffs commenced an action against the Town of Oswego, alleging that the town failed to build an adequate sewage treatment plant for the subdivision in which their property was located and that, as a result, potential sales of their property were lost, resulting in a taking.  The trial court granted the Town’s motion for summary judgment.  The appellate court agreed, holding that the owners’ taking claim was not ripe for review given that the owners never filed an application with the Town with respect to the sewer system, nor was there a denial of the application by the Town. 

Carson v Town of Oswego, 908 N.Y.S.2d 482 (4th Dept. 2010). 

The opinion can be accessed at: http://www.courts.state.ny.us/ad4/Court/Decisions/2010/10-01-10/PDF/0970.pdf 

This edited abstract appears in Environmental Law in New York (February 2011).


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