Something that's not administrative law

Sometimes even after government action the government is the wrong party to sue. From Patty Salkin's Law of the Land blog, "Preliminary Subdivision Approval Upheld and Takings Claim Dismissed":

A New York appellate court upheld a preliminary subdivision approval since the board’s actions had a rational basis and were not arbitrary and capricious.  Although the petitioner contended that its private property rights were adversely affected by the Board’s determination, the Court held that any such rights must be enforced through a private action against the individuals or entities charged with violating those rights and not through the present CPLR Art. 78 action.  Since a proper claim was not made, the Court took no position on the merits and did not preclude the petitioners from commencing a private enforcement action.

EMM