When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it pertains, and to consider which of those parties should be named. As in other areas of litigation, the potential penalty
How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the judicial concepts of finality and ripeness affect the viability of a challenge. For example, a litigant must challenge a lead agency’s
Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge municipal determinations. This impact is significant given the short statutes of limitations periods typical to land use litigation. Governor Andrew Cuomo’s Executive Order 202.8 (“Executive
The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a final State Environmental Quality Review Act (“SEQRA”) determination. In Stengel v Town of Poughkeepsie Planning Board, 167 AD3d