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 determination pursuant to the State
Continue Reading How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases
Zoning Boards Cannot Render Determinations Absent Jurisdiction and Not All Violations of the Open Meetings Law Justify Annulment or Award
The Appellate Division, Second Department, in Chestnut Ridge Associates, LLC v 30 Sephar Lane, Inc. 169 A.D.3d 995, 2019 N.Y. Slip Op. 01388 [2d Dept 2019], modified a decision of the Supreme Court, Rockland County, which, inter alia, annulled a determination of the Village of Chestnut Ridge (“Chestnut Ridge”) Zoning Board of Appeals (“Chestnut Ridge
Continue Reading Zoning Boards Cannot Render Determinations Absent Jurisdiction and Not All Violations of the Open Meetings Law Justify Annulment or Award