Islip, N.Y., must defend race discrimination claims over a long-delayed project to build an affordable apartment complex, after the Second Circuit found the town’s inaction triggered the developer’s right to sue.
Village Green at Sayville LLC may proceed with its suit because the rejection of its application inflicted a “concrete and particularized” injury, the US Court of Appeals for the Second Circuit ruled Aug. 5.
The town board made a final decision that is subject to suit when it failed to approve the developer’s petition to remove covenants and restrictions that had held up the project, Judge Rosemary S. Pooler ...
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