Nenninger v. Village of Port Jefferson, 509 F. App'x 36

Nenninger challenges the Village of Port Jefferson and Planning Board regarding a renewed subdivision application and debris-clearing costs for Boulder Court adjacent to his property.
District court granted summary judgment on several § 1983 claims, including due process and equal protection, based on ripeness and other grounds.
Nenninger argued the renewal application was ignored or improperly delayed, making the claims ripe for adjudication.
The Village sought to recover debris-clearing costs as a tax lien against Nenninger’s property, which had not actually been placed as a lien.
The district court dismissed the remaining conspiracy and retaliation claims; the district court proceedings were on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the subdivision renewal claims were ripe for review	Nenninger contends final agency action on the renewal was implicit and ripe.	Village argues no final, definitive position existed without a completed application.	Claims were unripe; no final agency action.
Whether the tax lien/debris costs claim was ripe	Nenninger asserts potential lien and costs violated due process.	No lien or added costs actually occurred; speculative future action.	Claims were not ripe; no actual lien or assessment.

Williamson Cnty. Reg'l Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) (final, definitive position required for ripeness)
Dougherty v. Town of N. Hempstead Bd. of Zoning Appeals, 282 F.3d 83 (2d Cir. 2002) (ripeness applies to land-use claims)
Murphy v. New Milford Zoning Comm’n, 402 F.3d 342 (2d Cir. 2005) (futility exception requires imminent denial)
Salahuddin v. Goord, 467 F.3d 263 (2d Cir. 2006) (summary judgment burden; evidence must be record-supported)
Holtz v. Rockefeller & Co., 258 F.3d 62 (2d Cir. 2001) (summary judgment evidence must be properly backed by record)
Southview Assocs., Ltd. v. Bongartz, 980 F.2d 84 (2d Cir. 1992) (futility exception not applicable where possibilities remain)
City of Los Angeles v. Lyons, 461 U.S. 95 (1983) (real and immediate threat required for ripeness)
Simmonds v. INS, 326 F.3d 351 (2d Cir. 2003) (ripeness avoids needless adjudication)