Legal Opinion

Leonard v. Planning Board of the Town of Union Vale

Court of Appeals for the Second Circuit

Decided September 2, 2016No. 16-199-cvUnpublished

1Opinion of the Court

Plaintiffs appeal from a January 6, 2016 judgment of the District Court, dismissing their second amended complaint (the “complaint”) with prejudice as to plaintiffs’ substantive and procedural due process claims. 1 Plaintiffs brought these claims under 42 U.S.C. § 1983, alleging that defendants, the Planning Board of the Town of Union Vale and two of its members (jointly, the “Board”), violated plaintiffs’ due process rights by rescinding a “negative declaration” relating to plaintiffs’ proposed subdivision of real property located in Union Vale, New York. The District Court held that the due…

2Cases cited6 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. Sherman v. Town of ChesterCourt of Appeals for the Second Circuit · 2014
  3. Kurtz v. Verizon New York, Inc.Court of Appeals for the Second Circuit · 2014
  4. Homefront Organization, Inc. v. MotzDistrict Court, E.D. New York · 2008
  5. Westchester Day School v. Village of MamaroneckDistrict Court, S.D. New York · 2002

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