Posted by: Patricia Salkin | December 9, 2012

2nd Circuit Upholds Dismissal of Takings Claim on Ripeness Grounds with Respect to Moratorium

In affirming in part and remanding in part a decision reported last year by the Eastern District of New York, the Second Circuit Court of Appeals ruled that the plaintiff-appellant’s claims for takings, substantive due process and equal protection violations were not ripe as they did not obtain a final determination regarding their application for a hardship exemption from a moratorium.  Furthermore, since the plaintiff-appellant was unable to show that the moratorium bore no rational relationship to any governmental purpose, their facial challenge to the moratorium was also dismissed.  Lastly, with respect to the state law claims, the circuit court expressed no view as to the merits since the district court did not provide an explanation as to why they had dismissed them.  Therefore, the court remanded only with respect to the state law claims.

Easton, LLC v Village of Muttontown, 2012 WL 6200037 (C.A. 2 (N.Y.) 12/13/2012)

The unpublished opinion can be accessed here

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