Second Department Affirms Limits on Site Plan Determinations | Farrell Fritz, P.C.
This month, in Gershow Recycling of Riverhead v Town of Riverhead, 2021 NY Slip Op 02156 [2d Dept 2021], the Appellate Division, Second Department, affirmed the motion court’s decision granting an Article 78 petition to annul the denial of a site plan amendment application. The motion court and the appeals court held the denial exceeded the scope of delegable power under the then-applicable Town Code and In November 20211, the petitioners-plaintiffs (“Petitioners”) purchased property upon which the prior owner operated an auto salvage facility. The auto salvage use constituted a pre-...
Source: jdsupra.com