The U.S. District Court for the Middle District of Tennessee held that a local church may proceed with most of its claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA). In Layman Lessons Church v. Metropolitan Government of Nashville, the Court sustained several of the Plaintiff’s claims, denying…
In upholding the grant of an area variance, the Appellate Division rejected a challenge to the adequacy of the hearing notice. In the Matter of deBordenave v. Village of Tuxedo Bd. of Zoning Appeals, the Court found that the Zoning Board had properly conducted the balancing test required to grant an…
The Appellate Division found that a local law providing that ten percent of building permits could be withheld pending completion of infrastructure required for a subdivision was ultra vires and void. In Joy Builders v. Town of Clarkstown, the Second Department reversed the lower court and granted summary judgment to…
The Sixth Circuit Court of Appeals held that a zoning ordinance that limited permitted uses, based upon potential tax revenue generated by the uses, did not violate the Religious Land Use and Insttutionalized Persons Act (RLUIPA). In Tree of Life Christian Schools v. City of Upper Arlington, Ohio, the Court held that…
The Appellate Division upheld the rezoning of a parcel from commercial to high density residential, despite the provisions of the local comprehensive plan and the failure to prepare an environmental impact statement. In Matter of the Hgts. of Lansing LLC v. the Village of Lansing, the Court found that the…
After a seven year saga, the Appellate Division overturned the rezoning of a parcel which would have permitted a multi family development in the Town of Ramapo. In Matter of Youngewirth v. Town of Ramapo Town Board, the Appellate Division reversed the lower court, finding the review under the State…
An attempt to cure the failure to name a property owner in an Article 78 proceeding challenging a site plan and special permit approval was found barred by the statute of limitations. In Matter of Sullivan v. Planning Board of the Town of Mamakating, the Appellate Division dismissed an Article…
The New York Court of Appeals held, the legislation permitting the development of Shea Stadium and related facilities on park land does not extend to development of retail businesses and other uses not related to a stadium. In Matter of Avella v. City of New York, the Court strictly construed…
Construction of a replacement water tank by the local water district was found to be a SEQRA Type II Action and not subject to the zoning of the Village in which the property is locted. In Incorporated Village of Munsey Park v. Manhasset-Lakeville Water District, the Court held the Water…
The Appellate Division held that a 2-2 vote by members of a Zoning Board of Appeals (ZBA) regarding a special permit application, unlike a tie vote for other applications, was not an automatic denial of the special permit application. In Matter of Alper Restaurant, Inc. v. Town of Copake Zoning…