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.

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×