Zoning law in effect at time application is completed is applicable, rather than new zoning law adopted after application but before planning board decision.

Memorandum and Order upholding dismissal of petition-complaint on SEQRA and applicable zoning law issues.


A Planning Board decision under the State Environmental Quality Review Act was challenged, as was the zoning law under which the proposed shopping center project was judged by the Planning Board. The Planning Board used the zoning law in effect when the application was complete. The Plaintiffs/Petitioners wanted the board to apply the new zoning law, adopted after the application was complete, but four months before the Planning Board decision. The Appellate Division, Third Department, held that the SEQRA review procedure and scope was appropriate, and that it was correct for the Planning Board to apply the law in effect when the application was complete.

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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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