Filed: May 08, 2013
Latest Update: Feb. 12, 2020
Summary: 12-3923-cv Edelhertz v. City of Middletown UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2012 (Argued: May 7, 2013 Decided: May 8, 2013) Docket No. 12-3923-cv _ MELVYN EDELHERTZ and HELAINE EDELHERTZ, as trustees of the Melvyn and Helaine Edelhertz Revocable Living Trust, Plaintiffs-Appellants, v. CITY OF MIDDLETOWN, NEW YORK, Defendant-Appellee.* _ Before: CABRANES, WESLEY, and WALLACE,† Circuit Judges. In 2009, the Common Council of the City of Middletown, New York (“the C
Summary: 12-3923-cv Edelhertz v. City of Middletown UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2012 (Argued: May 7, 2013 Decided: May 8, 2013) Docket No. 12-3923-cv _ MELVYN EDELHERTZ and HELAINE EDELHERTZ, as trustees of the Melvyn and Helaine Edelhertz Revocable Living Trust, Plaintiffs-Appellants, v. CITY OF MIDDLETOWN, NEW YORK, Defendant-Appellee.* _ Before: CABRANES, WESLEY, and WALLACE,† Circuit Judges. In 2009, the Common Council of the City of Middletown, New York (“the Ci..
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12-3923-cv
Edelhertz v. City of Middletown
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
August Term, 2012
(Argued: May 7, 2013 Decided: May 8, 2013)
Docket No. 12-3923-cv
_______________________________________________________________
MELVYN EDELHERTZ and HELAINE EDELHERTZ, as trustees
of the Melvyn and Helaine Edelhertz Revocable Living Trust,
Plaintiffs-Appellants,
v.
CITY OF MIDDLETOWN, NEW YORK,
Defendant-Appellee.*
_______________________________________________________________
Before: CABRANES, WESLEY, and WALLACE,† Circuit Judges.
In 2009, the Common Council of the City of Middletown, New York (“the City”), amended
the City’s zoning laws to prohibit the nonconforming use of non-owner-occupied multiple dwellings
in various zoning districts. The plaintiffs allege that the City’s failure to notify them, as affected
property owners, prior to enacting this zoning change violated their due process rights under the
* The Clerk of Court is directed to amend the caption as shown above.
†The Honorable J. Clifford Wallace, of the United States Court of Appeals for the Ninth Circuit, sitting by
designation.
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Fourteenth Amendment. The United States District Court for the Southern District of New York
(Edgardo Ramos, Judge) granted summary judgment to the City, concluding that the change of
zoning rules did not offend the procedural guarantees of the Due Process Clause because the zoning
amendment was prospective and generally applicable, and was therefore “legislative” in character
rather than “adjudicative.” We affirm for substantially the reasons stated in the District Court’s
opinion.
Affirmed.
JAMES G. SWEENEY, James G. Sweeney, P.C., Goshen, NY,
for Plaintiff-Appellant.
ALEX SMITH, Assistant Corporation Counsel of the City of
Middletown, Middletown, NY, for Defendant-Appellee.
PER CURIAM:
In 2009, the Common Council of the City of Middletown, New York (“the City”), amended
the City’s zoning laws to prohibit the nonconforming use of non-owner-occupied multiple dwellings
in various zoning districts. The plaintiffs allege that the City’s failure to notify them, as affected
property owners, prior to enacting this zoning change violated their due process rights under the
Fourteenth Amendment. The United States District Court for the Southern District of New York
(Edgardo Ramos, Judge) granted summary judgment to the City, concluding that the change of
zoning rules did not offend due process principles because the zoning amendment was prospective
and generally applicable, and was therefore “legislative” in character rather than “adjudicative.”
Having conducted a de novo review, see Bailey v. Pataki,
708 F.3d 391, 399 (2d Cir. 2013),
we agree with the analysis of the District Court and affirm for substantially the reasons stated its
excellent opinion and order of September 14, 2012. See Edelhertz v. City of Middletown, No. 11-CV-
1943 (ER), --- F. Supp. 2d ---- (S.D.N.Y. Sept. 14, 2012). Although actions by legislative bodies can,
in some circumstances, offend constitutional principles of due process, see, e.g., Nathan S. Chapman
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& Michael W. McConnell, Due Process as Separation of Powers, 121 YALE L.J. 1672 (2012) (discussing
historical and jurisprudential bases for various due process constraints on legislative action), the
District Court ably explained why the City’s failure to provide notice before it adopted a prospective
and generally applicable zoning amendment did not violate the Due Process Clause of the
Fourteenth Amendment.
Accordingly, the judgment of the District Court is AFFIRMED.
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