Country View Estates @ Ridge LLC v. Town of Brookhaven

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that the New York State Constitution provides that “private property shall not be taken for public use without just compensation”
• holding allegations of “malicious intent and bad faith . . . in order to delay and obstruct” land-use application “without more is insufficient to establish” futility (emphasis added)
• determining that an approximately two-year delay was “insufficient to create futility, especially when considered in comparison to the eight- year delay [in the application process] in Williamson County where the Supreme Court found the claim was not ripe”
• rejecting plaintiffs “conclusory assertions that defendants[ ] acted with malicious intent and bad faith in processing plaintiffs application in order to delay and obstruct the construction of plaintiffs ... development project”
• “A final decision is a definitive position on the issue that inflicts an actual, concrete injury.” (internal quotation marks and citations omitted) (emphasis added)
• dismissing claims without prejudice on ripeness grounds

Source: CourtListener parenthetical corpus (CC0).