town of chester

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

Second Circuit Says Enough is Enough to Town that Delays Subdivision Application

Posted on July 28, 2014

Posted in Planning Board

In 2000, Plaintiff Steven Sherman applied to the Town of Chester Planning Board for subdivision approval while in the process of purchasing nearly 400 acres for $2.7 million dollars. According to the Second Circuit Court of Appeals in its recent decision in Sherman v Town of Chester, 752 F3d 554 [2d Cir 2014], “[t]hat application marked the beginning of…

Continue Reading Second Circuit Says Enough is Enough to Town that Delays Subdivision Application

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Long Island Land Use and Zoning

town of chester

Second Department Reverses Dismissal of Article 78 Proceeding on Ripeness Grounds

Second Circuit Says Enough is Enough to Town that Delays Subdivision Application