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Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

By Farrell Fritz P.C. on March 23, 2020

Posted in Article 78, Environmental, Hard Look, injury-in-fact, Land Use Regulations, Local Law, Planning Board, SEQRA, Standing, State Environmental Quality Review Act, State of New York, Uncategorized, Zoning Board

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

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

By Farrell Fritz P.C. on May 21, 2018

Posted in Agriculture, Article 78, Land Use Regulations, Property Rights

Last month, the Appellate Division, Second Department, issued four decisions[1] in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”). Plaintiff/Petitioner Calverton Manor, LLC (“Calverton Manor”), in connection with a site plan application, sought to annul several resolutions adopted by Defendant/Respondent Riverhead Town Board (“Town Board”). These resolutions:…
Continue Reading The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

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Long Island Land Use and Zoning

new york general municipal law

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m