Edelhertz v. City of Middletown

In 2009, the Common Council of the City of Middletown, New York (“the City”), amended the City’s zoning laws to prohibit the nonconforming use of non-owner-occupied multiple dwellings in various zoning districts. The plaintiffs allege that the City’s failure to notify them, as affected property owners, prior to enacting this zoning change violated their due process rights under the Fourteenth Amendment. The United States District Court for the Southern District of New York (Edgardo Ramos, Judge) granted summary judgment to the City, concluding that the change of zoning rules did not offend…