The Appellate Division, Second Department, has clarified the circumstances under which property owners seeking zoning changes can bring Article 78 challenges.
Ruling in In the Matter of Ranco Sand and Stone v. Vecchio, No. 45491/09, a unanimous court held that a 2003 Court of Appeals case allowing judicial review of a town’s decision to require an environmental impact statement during the process was “the exception rather than the rule.”
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