Several years ago, the city council of New Rochelle granted the application of ND Acquisition, LLC, to amend the city zoning code and map to apply a senior citizen zone overlay district zoning to certain real property located in the city. The city council also issued a negative declaration of environmental significance pursuant to the New York State Environmental Quality Review Act (SEQRA). These decisions combined to authorize the construction of a senior citizen residence on the property.

Thereafter, homeowners filed an action in the Supreme Court, Westchester County, against New Rochelle and its city council and planning board and against ND Acquisition, seeking to vacate and declare invalid the city council’s decisions.