Posted by: Patricia Salkin | December 25, 2012

Fed. Dist. Court in NY Finds Federal Due Process and Takings Claims Are Not Ripe Absent Final Agency Action

Despite the fact that the federal district court found plaintiffs’ allegations troubling, given that no final decision on a proposed subdivision has been reached in over the course of seven years despite the vocal requests of the plaintiffs, the Court reminds plaintiffs that the proper proceeding to compel the local government to render a land use decision is a state court mandamus action and not a federal Section 1983 action.  Although the plaintiffs asked the court to apply the futility exception to the final decision requirement, the Court noted that the Second Circuit has not yet definitively determined the precise contours of the exception.  The Second Circuit has only noted that “a property owner need not pursue such applications when a zoning agency…has dug in its heels and made clear that all such applications will be denied.”  In determining not to apply the futility exception here, the District Court noted that other courts have declined to excuse plaintiffs’ cases from final decision requirements based on similar lengthy delays.

DiBello v Town of North Greenbush, 2012 WL 6058136 (N.D.N.Y. 12/6/2012).

The opinion can be accessed at: http://www.gpo.gov/fdsys/pkg/USCOURTS-nynd-1_09-cv-00692/pdf/USCOURTS-nynd-1_09-cv-00692-1.pdf


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