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In Matter of Pittsford Canalside Props., LLC v Village of Pittsford Zoning Bd. of Appeals, et al., the Fourth Department held that settlement correspondence between a development firm, Pittsford Canalside Properties, LLC (“PCP” or “Petitioner”), and the Village of Pittsford Architectural Preservation and Review Board (the “ARB”), was not an enforceable settlement agreement.

PCP owned property located within the…
Continue Reading Letters Exchanged Between Developer and Architectural Review Board Insufficient to Constitute Enforceable Settlement Agreement

Historic Brownstone Houses in Residential Neighborhood of Fort Greene in Brooklyn

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

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

On May 21, 2013, the Town of Brookhaven adopted Local Law No. 26, which amends Brookhaven Town Code § 85-38 by imposing a supermajority vote of Brookhaven Town Board members in those instances where a written petition, commonly known as a “Protest Petition” is filed by town property owners opposing a change of zone application.  According to the Town…

Continue Reading Brookhaven Town’s Change of Zone Voting Requirement – Big News or Old News?