In 49 WB v the Village of Haverstraw, a unanimous Second Circuit Court of Appeals rejected a developer’s attempt to create section 1983 liability in an admittedly failed condemnation process. The plaintiff-developer relied upon a scathing State court appellate decision, which had found no rational public purpose for the municipality’s condemnation, and thus invalidated the entire condemnation. The Federal court , however, explained that it applied a much more rigorous standard, i.e. egregious conduct. As such, the Village’s good faith during the condemnation process was relevant and led the Circuit to reject plaintiff’s claims of a substantive due process violation.
