The Appellate Division upheld the lower court’s reversal of the denial of a special permit and a parking variance for a church use. In the Matter of Gospel Faith Mission International, Inc., v. Weiss, the Court found the ZBA was arbitrary in denying the application due to the fact that…
The Town of Greenburgh has agreed to pay a reported record setting 6.5 million dollars to settle the RLUIPA claims of Fortress Bible Church. The long saga of the claims against the Town of Greenburgh (located in Westchester County, New York), which we have reported at length in this Blog,…
The Appellate Division held a town planning board has no jurisdiction to review a site plan for construction of a dock in a state owned navigable waterway, unless such authority is specifically delegated by the State pursuant to Navigation Law section 46-a. In Matter of Hart Family, LLC. V. Town…
The Appellate Division upheld a determination to deny the subdivision of an approximately three acre parcel containing two vacant buildings into two lots, each containing one of the two existing buildings. In a Matter of Center of Deposit, Inc. v. Village of Deposit, the Court held: “the Board identified a…
The Appellate Division upheld a SEQRA conditional negative declaration, as well as variances and site plan approval to construct a hotel. In Matter of Schaller v. Town of New Platz Zoning Board of Appeals et. al., the Court found the determinations of both the planning board and zoning board of…
The appellate division sustained a SEQRA negative declaration, but nonetheless reversed the grant of a special permit for failure to address all the criteria required for the issuance of a special permit. In the Matter of Frigault v. Town of Richfield Planning Board, the Court found that the Board took…
The Appellate Division ruled that the New York Environmental Conservation Law (ECL) does not prevent a Town from enacting zoning that prohibits hydrofracking. In Matter of Norse Energy Corp. USA v. Town of Dryden, the Court held that provisions of the ECL that regulate mining did not conflict with the…
The Appellate Division ruled that a zoning board correctly interpreted the zoning code when it held that keeping 40 racing pigeons was not what was intended in a zoning code that permits “customary household pets” as accessory to a residence. In Matter of LaRusso v. Neuringer the court found: “the…
The New York Court of Appeals reaffirmed the basic principle of zoning, that zoning relates to the use of land “not the identity of the user.” In Matter of Sunrise Check Cashing & Payroll Services Inc, v. Town of Hempstead, the Court found that the provisions of the Town’s zoning…
The Appellate Division Second Department vacated conditions fixed by a zoning board as part of the grant of a permit to operate a farm stand. In The Matter of Edson v. Southold Town Zoning Board of Appeals, the Court reversed the lower court’s dismissal of the petition. The Petitioner has…