New York Court of Appeals

Town of Orangetown, Appellant v. John F. Magee, Respondents

April 30, 199688 N.Y.2d 41

Summary

The New York Court of Appeals affirmed the lower courts, holding that the Town of Orangetown unlawfully revoked the defendants' building permit, that the defendants possessed a vested property right in the permit, that the revocation was an arbitrary and capricious action giving rise to a §1983 claim, that the Town is liable for the Building Inspector's actions, and that the damages award calculated using the Wheeler formula was proper.