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Ferncliff Cemetery Ass'n v. Town of Greenburgh, New York

Cemetery's Takings Claims Over South Parcel's Zoning as Residential Not Ripe

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OPINION & ORDER   Before the Court are Defendant Town of Greenburgh’s motions to disqualify Plaintiff’s counsel Frederick W. Turner, (Doc. 30), and dismiss the Amended Complaint, (Doc. 31). For the following reasons, Defendant’s motion to disqualify is DENIED, and Defendant’s motion to dismiss is GRANTED. I. BACKGROUND The Court accepts as true the facts, but not the conclusions, set forth in Plaintiff’s First Amended Complaint. (Doc. 28 (“FAC”).) A. Facts Plaintiff Ferncliff Cemetery Association (“Ferncliff”) operates a cemetery located in Hartsdale, Town of Greenburgh, New York. (Id. 10.) Plaintiff’s property consists of 63.5 acres on the north side of Secor Road (the “North Parcel”) and approximately 12.5 acres on the south side of Secor Road (the “South Parcel”). (Id. 19.) Defendant Town of Greenburgh (the “Town”) has vested its legislative power in the Town Board, comprising four elected Town Council members and the Town Supervisor. (Id. 11.) The Town’s Planning Board, appointed by the Town Board, reviews development plans for the Town. (Id. 17.) The Town’s Zoning Board of Appeals (“ZBA”) is authorized to apply the Town’s zoning ordinances and hear appeals from decisions rendered by the Town’s Building Inspector. (Id. 12.) The Town’s Land Use Committee advises the Town’s Boards on zoning and land-use applications. (See id. 14.) Its members include the Building Inspector and the Town Attorney. (Id.) From 1992 to 2000, Mr. Turner — who now represents Plaintiff — was the Town Attorney. (Doc. 30-1 5.) In 1902, the Westchester County Board of Supervisors granted Plaintiff the authority to use certain land “for cemetery purposes” and the cemetery began operating a year later. (Id.

18-20.) The Parcels changed hands several times, and in 1950, Grove Hill Realty Company acquired title to the South Parcel. (Id.

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