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From: "Adam H. Kerman" <ahk@chinet.com>
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
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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.