Kottschade v. City of Rochester

OPINION

STAUBER, Judge.

On appeal from the district court’s summary judgment that appellant-developer’s complaint alleging a regulatory taking by respondenGcity was filed beyond the limitations period, appellant argues that (1) under the finality doctrine of Williamson County Reg'l Planning Comm’n v. Hamilton Bank, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985), and its progeny, appellant’s complaint was timely because his claim was not ripe until after final administrative review of the denial of his variance application and (2) the record does not support the district court’s…