You are here: / / Failure to Apply for Zoning Variance Re: Sale of Adult Materials Rendered...
, ,

Failure to Apply for Zoning Variance Re: Sale of Adult Materials Rendered Plaintiff’s Free-Speech Challenge to the Code Speculative, i.e., Not Ripe for Review

The Third Department determined that plaintiff’s free-speech-violation claims re: the city’s failure to specify a zone for the sale of adult material were not ripe for review.  Plaintiff did not inform the city of his intent to sell adult material and did not use the procedures in place to obtain a zoning variance allowing the sale of adult material:

We shall not address plaintiff’s assertion that the failure of the Code of the City of Troy to specify a zone where adult materials may be sold violates plaintiff’s free speech rights under both the US and NY Constitutions, as this issue is not ripe for our review. According to the City’s Assistant Plans Examiner, if a particular use was not set forth in the list of allowed uses or special permit uses enumerated in the Code, as was the case with adult establishments, a use variance could be obtained by seeking approval from the appropriate zoning board. Because [plaintiff’s principal] did not disclose the extent of plaintiff’s sale of adult material in applying for a certificate of occupancy, and therefore did not follow the process set out in the Code to apply for a use variance, any harm that plaintiff may have suffered pursuant to such Code was speculative and contingent upon the City’s anticipated rejection of plaintiff’s proposal. Under these circumstances, plaintiff’s challenge to the constitutionality of the Code is not ripe for review … . Your Place LLC v City of Troy, 2014 NY Slip Op 08098, 3rd Dept 11-20-14

 

You might also like
COURT SHOULD NOT HAVE DISMISSED CAUSES OF ACTION FOR FAILURE TO NAME NECESSARY PARTIES, BECAUSE THE PARTIES WERE SUBJECT TO THE COURT’S JURISDICTION, THE COURT SHOULD HAVE ORDERED THE PARTIES JOINED (THIRD DEPT).
BUILDING INSPECTOR WAS PROPERLY TERMINATED FOR FAILURE TO REQUIRE ASBESTOS ABATEMENT FOR A DEMOLISHED BUILDING, BECAUSE THE ACTIONS OF THE INSPECTOR CONSTITUTED CRIMES UNDER THE ENVIRONMENTAL CONSERVATION LAW AND PENAL LAW, THE EMPLOYMENT-RELATED CHARGES WERE TIMELY (THIRD DEPT). ​
Worker’s Compensation Award Made by Arbitrator Pursuant to an Authorized Dispute Resolution Program Is Reviewed Under the Appellate Court’s Limited Arbitration-Review Powers (Not Under the Usual “Substantial Evidence” Standard)
OPERATOR OF A JANITORIAL CLEANING BUSINESS PURSUANT TO A FRANCHISE AGREEMENT WAS AN EMPLOYEE OF THE FRANCHISOR.
DENIAL OF INMATE’S REQUEST FOR WITNESS TESTIMONY AND INCOMPLETE INVESTIGATION BY EMPLOYEE ASSISTANT REQUIRED ANNULMENT AND EXPUNGEMENT.
Children’s Attorney Entitled to Cross-Examine Petitioner’s Witnesses Despite Taking a Position Similar to Petitioner’s
Wife Deemed Not Entitled to Maintenance
ABSENCE OF AN ATTORNEY’S SIGNATURE ON A LIMITED LIABILITY COMPANY’S NOTICE OF CLAIM WAS NOT A JURISDICTIONAL DEFECT, COURT OF CLAIMS CAN NOT GRANT EQUITABLE RELIEF WHICH IS NOT RELATED TO THE REQUESTED MONETARY RELIEF.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Employer Did Not Submit Employee Benefit Plan as Required by Workers’... Workers’ Compensation Board’s Recovery of a Portion of Benefits...