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

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