As experienced New York Civil Rights Attorneys, we often have clients who want to develop a particular piece of property in a particular way. They’ve made a purchase of unimproved property and they want to build on the property. There are times, many times, in fact, where the municipality involved makes it extremely difficult to develop the parcel. There may be environmental issues, there may be planning issues, architecture review board issues and the like.
In most instances, courts will sustain the determinations of these local boards as to whether or not an individual can develop the property as he or she wishes. Every now and then, our seasoned New York Civil Rights Attorneys see a case where the municipal defendants – building inspector, a board – abuse their power in terms of going to great lengths and not explainable lengths to prevent someone from engaging in the development that he or she wants. In those cases, it’s possible to assert certain claims against a municipality including federal civil rights claims, violation of substantive due process, violation of procedural due process. Those claims can be successful with the right fact pattern in federal court.
This video was provided by Jane Bilus Gould, one of our experienced New York Civil Rights Attorneys.