Path: ...!news.nobody.at!eternal-september.org!feeder3.eternal-september.org!news.eternal-september.org!.POSTED!not-for-mail From: "Adam H. Kerman" Newsgroups: rec.arts.tv Subject: Second Circuit upholds New York City's Kafka-esque code enforcement Date: Tue, 21 May 2024 17:29:54 -0000 (UTC) Organization: A noiseless patient Spider Lines: 22 Message-ID: Injection-Date: Tue, 21 May 2024 19:29:54 +0200 (CEST) Injection-Info: dont-email.me; posting-host="cf57a54d4f325274924ced8abce80213"; logging-data="749538"; mail-complaints-to="abuse@eternal-september.org"; posting-account="U2FsdGVkX1+BVVSsSPPyECCdjLwqGshIYdLAXZNvg/0=" Cancel-Lock: sha1:AxR9YqmM1IxpBbhD31TQcPtL01I= X-Newsreader: trn 4.0-test77 (Sep 1, 2010) Bytes: 1867 Institute for Justice client loses appeal to Second Circuit. Case doesn't survive motion to dismiss based on timeliness, seemingly in violation of recent Supreme Court decision that statute of limitations does not begin till all governmental process ends. Man was issued a series of citations with huge fines for harmless code vioations by city of New York department of buildings. He had a hearing on several of the citations but other citations were unreviewable. Second Circuit ruled that he's outside the statute of limitations because "he should have known" at the time the unreviewable citation was issued that he had to file suit in federal court by a certain deadline. 'Cuz, you know, people who aren't lawyers know these things. Now the guy has no way to contest the due process violation, as an unreviewable citation receives no "process" at all. I assume there is also language in the state constitution. https://www.youtube.com/watch?v=iltc83Lw1eY IJ has a decent track record but does not when 'em all.