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
Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265
When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their objections, landowners can sometimes seek judicial review of the board’s decision through an Article 78 proceeding.[i] However, there is another tool available to landowners
Continue Reading Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265
Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing
The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle. The City adopted a negative declaration pursuant to the New York State Environmental Quality Review Act for the amendment. The zoning code amendment
Continue Reading Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing
Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development
On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”). The sweeping new law eliminates the Village’s industrial zoning districts along the Long Island Railroad corridor and replaces them with seven mixed-use subdistricts serving as the foundation for a new downtown area consisting of medium-density residential
Continue Reading Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development
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
Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood
The Hempstead Town Board recently approved a sweeping rezoning of portions of North Lawrence and Inwood that are designed to encourage mixed-use, commercial and transit-oriented developments. This rezoning initiative, which was spearheaded by Hempstead Town Councilman Bruce Blakeman, hopes to transform derelict areas north of the Lawrence and Inwood Long Island Rail Road stations into walkable, affordable neighborhoods filled with
Continue Reading Town of Hempstead Adopts Sweeping Zoning Changes to Encourage Transit-Oriented Development in North Lawrence and Inwood