The Appellate Division, Third Department, reversed the denial of a special permit for 48 affordable apartment units as being based solely on generalized community objections and unsupported by empirical evidence. In Matter of Kinderhook Development, LLC v. City of Gloversville Planning Board the Court found that, after the planning board…
The New York Court of Appeals held that a Freedom of Information (FOIL) request may not be denied because a portion of the requested information may be exempt from disclosure. In Matter of Schenectady County Society for the Prevention of Cruelty to Animals, Inc. v. Mills the Court admonished the…
The Second Circuit Court of Appeals held a local zoning provision, relating to the measurement of the height of a building, to be unconstitutionally vague and remanded the matter for consideration of the Plaintiff’s substantive due process claim. In Cunney v. Bd. of Trustees of the Village of Grand View,…
This morning the New York DEC released
An appellate court held that a reduction in the size of a structure by over 30% was a proper condition to site plan approval. In Matter of Greencove Associates LLC v. Town Board of the Town of North Hempstead, the appellate division found that the reduction in the size of…
The N.Y. Court of Appeals found a Town Board was arbitrary in rejecting a low bid based upon criteria not specified in the bid documents. In AAA Carting & Rubbish Removal, Inc. v. Town of Southeast, the Court reversed the Appellate Division and held “accepting a higher bid based on…
The New York Court of Appeals held that a municipality has the burden of proving a tax exempt property no longer qualifies for tax exempt status. In Congregation Rabbinical College of Tartikov v.Town of Ramapo, the Court held “when a municipality seeks to revoke a previously granted tax exemption, it…
The Appellate Division upheld a zoning board determination that a property owner had not acquired vested rights in the portion of a subdivision, which would have allowed a now non-conforming townhouse development. In the Matter of Mar-Vera Corporation v Zoning Board of Appeals of the Village of Irvington, the petitioner…
The Appellate Division overturned the decision of a zoning board which upheld the granting of a building permit to construct an eight car garage on the same property as a single family home. The court in Matter of Witkowich v. Zoning Board of Appeals of the Town of Yorktown found…
The Appellate Division overturned the requirement that a recreation fee be paid as a condition of site plan approval for a senior housing community. In Matter of Pulte Homes of N.Y., LLC v Town of Carmel Planning Bd. the court held that the planning board failed to make the requisite…