If you think choosing melons is tough, try ripeness in land litigation

The Saint ReportPlanning and Zoning, Politicians and Planning, Property Development, saintblog0 Comments

melonsBy Dwight Merriam, Partner, Robinson & Cole, LLP

Just yesterday one of my younger children from what we call the “second litter” asked me at dinner how I could tell if a coconut was ripe. I paused, realized that I had no answer, and did what every good parent should do and asked instead why they weren’t eating their salad. Yes, attack and divert.

You think melons and coconuts are tough — try ripeness in land use litigation. It has been a battleground in regulatory takings. No one seems to like the current rules.

Ripeness is a good defense for government lawyers and ripeness rules do make sense where they prevent a case from being tried prematurely, because it is almost always better for all concerned if property owners and government have an opportunity to resolve their differences.

Click here for Dwight Merriam’s full article – RLUIPA Ripeness Rule Reinforced – thanks to the International Municipal Lawyers Association – Local Government Blog for sharing Dwight Merriam with The Saint Report.

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