The Appellate Division held that an assisted care facility did not have standing to challenge a change in definition under local zoning that permitted a competitor to open a facility nearby. In Matter of VTR FV, LLC v Town of Guilderland, the Court held the: “allegations distill to a claim…
The Appellate Division affirmed the denial of summary judgment in an action by a town, seeking to enjoin the use of a property as being in violation of the local zoning ordinance. In Matter of Town of Huntington v. Braun, the court explained the zoning ordinance permits florist shops and…
The Appellate Division held that a trial is required to determine whether Rockland County properly determined the costs that must be prepaid before it will comply with a FOIL request. In Matter of Weslowski v Vanderhoef, the Second Department concluded there were triable issues of fact as to whether the…
The Second Circuit Court of Appeals affirmed the decision of the U.S. District Court for the Southern District of New York finding that the Town of Greenburgh had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) in its handling of an application for land use approvals by a…
The Appellate Division reversed a lower court holding that neighbors of the controversial Patrick Farm development in the Town of Ramapo lacked standing to challenge the approval of changes to the Town’s comprehensive plan and zoning ordinance. In Matter of Shapiro v. Town of Ramapo, the Appellate Division Upheld dismissal…
The Appellate Division restated the rule that when challenging a land use approval the challenger must seek a preliminary injunction in order to maintain the status quo. In Matter of Papert v. Zoning Board of Appeals of the Incorporated Village of Quogue, the Court upheld dismissal of the petition challenging…
A Court found that the rezoning of a single parcel, although different from the designation in the comprehensive plan, was still consistent with that plan. However, the Court held the town board did not fully comply with SEQRA. In Matter of Bergami v. Town Board of the Town of Roterdam,…
The Appellate Division found that a zoning amendment adopted “primarily” to assist one property owner is not spot zoning. In the Matter of Marcus v. Bd. of Trustees of the Village of Wesley Hills, the Court found that while ” there is no doubt that the Local Law was adopted…
The dismissal of a challenge, by an adjoining Village, to a Town’s rezoning of a parcel in the Town was modified by allowing challenges to the SEQRA determination and the claim of a lack of compliance with General Municipal Law § 239-m to proceed. In Village of Pomona v. Town…
The Appellate Division reversed the Supreme Court’s decision to uphold the granting of a use variance and related area variances to permit expansion of a non-confirming adult entertainment night club. In Matter of Edwards v. Davison, the Mount Vernon City Council, in light of legislation adopted several years ago to…