Lots unapproved for building must be approved where planning board did not comply with cluster zoning procedure

Decision affirming judgment annulling planning board denial of application to free lots for building


Plaintiff bought two lots in a subdivision at a tax sale. After taking title he saw that the lots were marked "not approved for building lots" on the plat map. Planning Board denied his application to free the lots for building. In a hybrid Article 78 and Declaratory Judgment action, the court granted the petition and annulled the Planning Board denial. On appeal by the Planning Board, the Appellate Division, Second Department held that the lots must be freed for building where the Planning Board had failed to comply with Town Law Section 278 cluster zoning procedures in order to establish lots that were open space in perpetuity.

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

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

Written by:


Woods Oviatt Gilman, LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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. Or, sign up using your email address.