NEW DEVELOPMENTS IN THE LAW

Michael H. Sahn and Nicholas J. Cappadora Review Local Land Use Cases Applying the Williamson Test

Michael H. Sahn, the Firm’s Managing Partner, and Nicholas J. Cappadora, an Associate with the Firm, co-authored "Ripeness in Local Land Use Disputes – Williamson is Here to Stay" for the September 2016 edition of Nassau Lawyer. The article discusses when local land use disputes involving alleged violations of Constitutional rights are ripe for judicial review.

The United States Supreme Court case of Williamson County Regional Planning Commission v. Hamilton Bank states the test for determining whether a local land use dispute is ripe for federal review. In the decisions discussed in the article, the courts, applying the Williamson test, ruled that the plaintiffs failed to obtain a final, definitive position from the relevant municipal agency regarding the precise application of a local law or zoning regulation to the property in question, thereby making the cases not appropriate for review by the federal courts. Mr. Sahn and Mr. Cappadora note that there is a growing trend of local landowners bringing their cases seeking redress for violations of their constitutional rights, but state and federal courts alike are using the Williamson test to reject these claims on ripeness grounds.

Click here to read the article.

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