Last year, the New York County Supreme Court heard an Article 78 challenge by Preserve Our Brooklyn Neighborhoods (“POBN”), a civic organization dedicated to maintaining the unique character and historical significance of the Fort Greene area of Brooklyn, New York. This lawsuit, which I discussed in a previous post, turned on whether a resolution passed by the New
Continue Reading First Department Affirms Dismissal of Constitutional Challenge to Zoning Resolution
A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines
The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of the project sought a local code amendment and special permit from the Respondent Town Board for 29 wind turbines up
Continue Reading A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines
Second Department Affirms Article 78 Reversal of Village Zoning Board Determination
Petitioner, Claude Simon (“Petitioner”), owns approximately 2.25 acres of property in the Village of Upper Nyack (the “Village”), which he sought to subdivide into two separate lots. The first lot would contain the existing dwelling and other existing improvements. The vacant second lot would be improved with a single-family dwelling. However, the Village advised Petitioner that he would need to
Continue Reading Second Department Affirms Article 78 Reversal of Village Zoning Board Determination
Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds
A recent Second Department decision, Matter of Village of Kiryas Joel v County of Orange, et al., addresses the intriguing justiciability doctrine of ripeness, as applied to judicial review of municipal administrative action.
In 2007, Orange County (the “County”) acquired property known as Camp LaGuardia from the New York City Economic Development Corporation. Originally, the County’s plan was to
Continue Reading Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds
Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled
The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. Its website can be found at cnyhiking.com/LudovicoTrail.htm. The Trail recently became a centerpiece of a land use dispute with the Town of Seneca Falls (Town).
In Matter of Frank J. Ludovico Sculpture Trail Corp. v Town of Seneca Falls, the Fourth
Continue Reading Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled
Constitutional Challenges to Zoning Subject to Very High Standard
A recent Supreme Court decision, In the Matter of Preserve Our Brooklyn Neighborhoods v. City of New York, demonstrates the difficulty a litigant faces when challenging a zoning determination on constitutional grounds. The petitioners are “an incorporated association of community members” from the Fort Greene area of Brooklyn (the “Petitioners”), who oppose proposed development in their community in the
Continue Reading Constitutional Challenges to Zoning Subject to Very High Standard