S&R DEVELOPMENT ESTATES, LLC v. Bass

How courts have described this case

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

• holding court lacked subject matter jurisdiction over Article 78 claim which “must be brought in New York State court”
• noting that, “[although plaintiffs are correct that the ZBA issued an opinion as to the zoning classification of the Property, it has not issued a final decision as to S & R’s development plan”
• explaining that in the land use development context, a final decision requires that a development plan be “submitted, considered and rejected by the governmental entity with the power to implement zoning regulations.”
• dismissing claims on ripeness grounds, where the plaintiff had not applied for a variance
• “The Town’s alleged hostility and bias can not be imputed to the ZBA simply because the Town appoints the ZBA members.”
• “The Town’s alleged hostility and bias can not be imputed to the ZBA simply because the Town appoints the ZBA members.”

Source: CourtListener parenthetical corpus (CC0).