U.S. Court of Appeals for the Second Circuit, 2002

New Holland Village v. Destaso Enterprises Ltd.

U.S. Court of Appeals for the Second Circuit · Decided March 5, 2002

29 F. App'x 760

Counsel

Ralph Elefante, Elefante & Persanis, Somers, N.Y., for Appellant., Charles J. Gayner, Maloof, Lebowitz, Connahan & Oleske, N.Y., N.Y., for Destaso Appellees., John J. Gibson, Ass’t Att’y Gen., N.Y., N.Y., for New York State Appellee., Darius Chafizadeh, Thaeher Proffitt & Wood, White Plains, N.Y., for Appellee Rockland County., John J. McKenna, Robert A. Peirce & Assoc., White Plains, N.Y., for Appellee Town of Clarkstown.

Cases that cite this one

4 later published cases cite this decision.

Travelers Property Casualty Company of America v. Metropolitan Water Reclamation District of Greater Chicago (District Court, N.D. Illinois 2025)
Drake v. The Village of Lima (District Court, W.D. New York 2021)
Komondy v. Gioco (United States District Court for the District of Connecticut 2014)
W.J.F. Realty Corp. v. Town of Southampton (District Court, E.D. New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SUMMARY ORDER

This cause came on to be heard on the record from the United States District Court for the Southern District of New York, and was argued by counsel for plaintiffs, submitted by counsel for defendant Town, and argued by counsel for the remaining defendants.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed substantially for the reasons stated in Judge McMahon’s Memorandum Decision and Order Dismissing Complaint, dated April 18, 2001. Although, as the district court indicated, there are no decisions of this Circuit or the New York State courts as to whether negligence by a state actor that results in property damage can provide the basis for a claim under the Takings Clause *761of the Constitution, if such a claim were stated here it would not be ripe for adjudication, given plaintiffs failure to pursue available state remedies for compensation, see Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-95, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985).

We have considered all of plaintiffs contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.

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