context: Insofar as OLA claims that re-zoning to reduce the density of residential development constituted an impermissible "taking" without compensation, we agree with Judge Goettel that as an applicant for subdivision and site plan approval, OLA had no cognizable vested interest in the existing zoning of its property.
citation_a.signal: no signal
citation_a.identifier: 826 F.2d 213, 213
citation_a.parenthetical: wide discretion in planning board to reject site plan on the basis of the planning board's assessment of the plan's effect on public health, safety and general welfare prevented expectation of success from rising to the level of a property right meriting protection under the Fifth and Fourteenth Amendments
citation_a.sentence: Dean Tarry, 826 F.2d at 213 (wide discretion in planning board to reject site plan on the basis of the planning board’s assessment of the plan’s effect on public health, safety and general welfare prevented expectation of success from rising to the level of a property right meriting protection under the Fifth and Fourteenth Amendments).
citation_b.signal: see also
citation_b.identifier: 570 F.2d 414, 429
citation_b.parenthetical: "Under New York law ... a landowner has no vested interest in the existing classification of his property."
citation_b.sentence: See also RRI Realty, 870 F.2d at 919 (where Village officials have wide discretion to deny housing application, there can be no certainty or very strong likelihood that Village officials, absent alleged due process violation, would have approved the permit; therefore, the applicant did not have an entitlement sufficient to invoke the protection of the due process clause); Ellentuck v. Klein, 570 F.2d 414, 429 (2d Cir.1978) (“Under New York law ... a landowner has no vested interest in the existing classification of his property.”).