Conditional Site Plan Approval

In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the denial of an Article 78 proceeding seeking to vacate and annul a determination of the Board of Trustees of the Village of Sagaponack (the “Board”).  In its determination, the Board denied the site plan application submitted by Sagaponack Ventures,
Continue Reading Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld

The Appellate Division, Second Department, recently held that developers who incurred substantial expenses in furtherance of a particular development do not acquire a common-law vested right to proceed under prior zoning laws, where they failed to comply with the conditions of a prior approval before new zoning regulations were adopted.  It also held that a claim of common-law vesting to


Continue Reading Appellate Court Rules on Common-Law Vested Rights