Town of Orangetown v. Magee

In Town of Orangetown v. Magee, 88 NY2d 41 (1996), the Court of Appeals held that a property owner under defined circumstances has a "vested right" in the planned construction and in a legally issued permit. In that case, the building permit was issued, but then revoked by the building inspector. "Having acquired a cognizable property interest, due process assures the defendants the right to be free from arbitrary or irrational municipal actions destructive of this interest . . . ." Town of Orangetown refers to federal due process law and agrees that the deprivation of a vested right in a building permit is a violation of due process.