Posted by: Patricia Salkin | July 15, 2013

2nd Circuit Court of Appeals Holds Amendment of Zoning Law To Prohibit Certain Nonconforming Uses Without Notifying Owners Did Not Violate Procedural Due Process

The Middletown City Council amended its zoning laws in 2009 to prohibit the non-conforming use of non-owner-occupied multiple dwellings in various zoning districts. The plaintiffs allege that the City’s failure to notify them, as affected property owners, violated their procedural due process rights. The district court held that there was no due process violation since the zoning amendment was prospective in nature and legislative in nature – meaning it was generally applicable, and it was not adjudicative.  The Second Circuit agreed, noting that while certain legislative actions can violate due process, such was not the case here for the reasons put forth in the district court’s opinion.

Edelhertz v City of Middletown, NY, 714 F.3d 749 (2nd Cir. (NY) 5/8/2013)

The opinion can be accessed at: http://www.ca2.uscourts.gov/decisions/isysquery/da16b6c8-2af0-4e5d-ae64-ae96cd28f2a2/1/doc/12-3923_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/da16b6c8-2af0-4e5d-ae64-ae96cd28f2a2/1/hilite


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