In Kowalczyk and Pericic v. Village of Monticello et al., Judge Ramos of the Southern District in White Plains granted defendantsā cross-motion for summary judgment, dismissing plaintiffsā substantive due process and equal protection claims in their entirety. Invoking the doctrine of ripeness, the Court held that the plaintiffs failed to exhaust their administrative remedies by seeking an appropriate variance (as to Kowalczyk) and special use permit (as to Pericic) to legally develop their properties before commencing a Federal Civil Rights lawsuit. Westchester Partner Richard S. Sklarin successfully represented the Village and its officials.
