Owner of property located partially in designated wetland brought action against town board and its members, alleging violation of its due process rights and equal protection rights, after board passed a resolution rescinding its request to the Environmental Protection Agency (EPA) to allow owner to tap into federally-subsidized sewer and terminated owner’s office park project. The Supreme Court, Erie County, granted in part, and denied in part, motions for summary judgment, and entered judgment, following trial, in favor of owner, and awarded damages and attorney fees. Defendants appealed.
The Supreme Court, Appellate Division, held that:
- Owner had cognizable property interest in board’s request to EPA to allow owner to tap into federally-subsidized sewer;
- Fact issues barred summary judgment, in substantive due process claim;
- Defendants did not violate owner’s equal protection rights; and
- Evidence of conduct after termination of project was not relevant.