June 20, 2012

The Appellate Division, Second Department has affirmed the grant of summary judgment to a landowner who sought to set aside a “tax deed” to property taken by the County of Suffolk due to unpaid taxes, in Bridgehampton Development Corp. v. County of Suffolk, 2012 N.Y.Slip Op. 04963.  The appeals court agreed with the trial court that the County violated the landowner’s constitutional right to due process of law by failing to provide notice, by mail, of the original tax lien sale.  As a result of the case, the original owner’s title to the property was restored.