Class-of-One Claimants Continue to Sue: Equal Protection challenges to municipal land use determinations By Mark S. Mulholland


THE MILLENNIUM USHERED IN a new theory of equal protection liability in civil rights cases in the land use field. Since 2000, real estate developers and municipalities alike have become familiar with a new species of equal protection charge, known to §1983 practitioners as the “class of one” claim. (42 U.S.C. §1983 provides a civil action for deprivation of any rights, privileges or immunities secured by the Constitution and laws.) On Oct. 6, 2009, in Casciani v. Nesbitt, District Judge David Larimer of the U.S. District Court for the Western District of New York issued the most recent decision in the field, in a case involving a homeowner’s private helipad constructed in his backyard.1

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ruskin Moscou Faltischek | Attorney Advertising

Written by:


Ruskin Moscou Faltischek on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.