United States Second Circuit
DOUGHERTY v. TOWN OF NORTH HEMPSTEAD BD. OF ZONING APPEALS, 01-7223
The ripeness test enunciated in Williamson County Regional Planning Comm'n v. Hamilton Bank, 473 U.S. 172 (1985), applies to equal protection and due process claims asserted in the context of land use challenges but, where a First Amendment claim of retaliation is based upon an immediate injury, Williamson's ripeness requirements do not apply.
Appellate Information
- Decided 02/26/2002
- Published 02/27/2002
Judges
- FEINBERG, Circuit Judge., Before: FEINBERG, CARDAMONE, and SOTOMAYOR, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Robert L. Dougherty, Garden City, NY, for Plaintiff-Appellant Michael C. Dougherty.
- For Appellees:
- Joan Gilbride, New York, NY (Kaufman, Borgeest & Ryan), for Defendants-Appellees Town of North Hempstead Board of Zoning Appeals, David Mammina, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Edward Smith, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Donal McCarthy, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Mildred Little, individually and in her official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Sondra Pardes, individually and in her official capacity as a member of the Town of North Hempstead Board of Zoning Appeals and William Smalley, individually and in his official capacity as Town of North Hempstead Building Inspector.