United States Second Circuit

Dismissal of plaintiff's complaint alleging that defendant-town engaged in delay tactics preventing a decision on plaintiff's application for a subdivision approval is: 1) reversed in part as to plaintiff's takings claim which is ripe, because seeking a final decision from defendant-town would be futile because defendant-town used unfair and repetitive procedures to avoid a final decision, and plaintiff adequately alleged a taking; 2) vacated in part and remanded, with regard to plaintiff's federal non-takings claims and state law claims; but 3) affirmed in part, where the remaining claims were properly dismissed.

Appellate Information

• Decided 05/16/2014
• Published 05/16/2014

Judges

• STRAUB

Court

• United States Second Circuit

Counsel