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Court Allows Some Causes of Action Under 42 USC 1983 to Stand Against the Village of Suffern

By Steven Silverberg and Katherine Zalantis

The Appellate Division Second Department decided a complex appeal involving cross motions on whether a property owner had sufficiently stated causes of action sounding in violations of constitutional rights under 42 USC 1983 and related causes of action resulting from the denial of a certificate of use. In the case of Sonne v. Board of Trustees of the Village of Suffern, the court dismissed some but let stand several causes of action resulting from a long standing dispute over whether a property owner could use and occupy the third floor of a 100 year old commercial building. The case has a complex history. The Village had denied the property owner the right to use the third floor of its commercial building because there is only one useable exit from the third floor and the Village claims this violates the State of New York Uniform Fire Prevention and Building Code ...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on October 04, 2009 (boomark / email).