Fed.  Dist.  Court in MO Finds Support for a Taking Claim but No Due Process Violation

Fed. Dist. Court in MO Finds Support for a Taking Claim but No Due Process Violation

This post was authored by Sebastian Perez, JD Plaintiffs William Becker and Darcy Lynch (“Plaintiffs”), acting as co-trustees, filed a property rights lawsuit against the City of Hillsboro, Missouri (the “City”) for inverse condemnation, alleging that the city took private property without providing compensation . Additionally, the plaintiffs claimed that their constitutional rights under 42 USC § 1983 have been violated. Before the United State District Court of Missouri, Eastern Division (the “Court”) was the City’s motion to dismiss. Plaintiffs were co-trustees of the Antoinette Ogilvy Trust (the “Trust”) that included a piece of real property in Jefferson County, Missouri…
Fed.  Dist.  Court in MO Finds Support for a Taking Claim but No Due Process Violation

NY Appellate Court Rules that Lawsuit Challenging “House of Worship Law” was Timely Filed and Sufficiently Alleged SEQRA Violations

This post was authored by Amy Lavine, Esq. The NY Appellate Division, Second Department, issued a pair of SEQRA decisions in March, 2023 involving the Village of Chestnut Ridge’s 2019 “House of Worship Law,” which sought to allow additional gathering places and houses of worship in residential districts. in the first case, Matter of Kogut v Village of Chestnut Ridge, 2023 NY Slip Op 01283 (2d Dept. 3/15/23), the court held that the petitioners were timely in filing the proceeding pursuant to the savings provision of CPLR 205(a). The court found that the requirements in that section were satisfied because…
Fed.  Dist.  Court in MO Finds Support for a Taking Claim but No Due Process Violation

NY Lower Court Finds that Local Law to Promote Affordable Housing was Improperly Adopted Because of Inadequate SEQRA Review

This post was authored by Amy Lavine, Esq, A recent decision from the Suffolk County Supreme Court, Matter of Save Sag Harbor v Village of Sag Harbor, involving the village’s adoption of a local law that expanded the definition of an apartment building in order to allow more affordable housing. The village attorney had drafted a negative declaration pursuant to SEQRA, which was given to the village board members at the public hearing, but there was no discussion by the board members or public commenters about the law’s potential environmental impacts. After closing the public hearing, the board simultaneously adopted…