ZBA meeting minutes filed 6.10, not Decision filed 6.26, held to trigger 30-day statute of limitations for Article 78 proceeding

Filing of minutes of ZBA triggers art. 78 statute of limitations, not Decision filed two weeks later

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After area variances were granted by the Zoning Board of Appeals in connection with the construction of a new hotel, minutes of the meeting were filed on June 10, 2010. The minutes contained a recitation of the decision and of the vote cast by each board member. On June 26, 2010, a formal Decision was also filed. The petitioner brought an Article 78 proceeding challenging the variances and the board's determination that the proposed action did not require environmental review under the State Environmental Quakity Review Act. The Article 78 proceeding was brought within 30 days of the filing of the formal Decision, but not within 30 days of the filing of th minutes. The applicant and the Zoning Board moved to dismiss on the ground that the proceeding was time barred. The court below granted the motion and dismissed the proceeding. On appeal, the Appellate Division of the Supreme Court affirmed the dismissal, holding that where the minutes cntain the decision of the board and the vote of each member regarding the decision is included in the minutes, the filing of the minutes constitiutes the filing of a decision within the meaning of Town Law Section 267-c(1), which requires such proceedings to be brought within 30 days of the filing of a decision.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Environmental Updates, Commercial Real Estate Updates, Zoning, Planning & Land Use Updates

Reference Info:Decision | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reuben Ortenberg, Woods Oviatt Gilman, LLP | Attorney Advertising

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