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The Effect of Zoning Amendments on Pending Applications
Decided recently by Westchester Supreme Court, Mamaroneck Beach & Yacht Club, Inc. v. Fraioli raises a much litigated issue in New York: When can a municipality apply a newly enacted ordinance to a pending application by a developer?
The Court of Appeals has recognized that when an application for development rights is reviewed by municipal authorities or a court, the reviewing body must generally apply the law in effect at the time of review. Thus, if a zoning ordinance is amended while an application is under review, the amended ordinance is controlling. For example, in Matter of Alscot Investing Corp. v. Village of Rockville Centre, 64 N.Y.2d 921, the court refused to permit construction of a roof sign because, although such roof signs were allowed at the time petitioner filed his application, a subsequent zoning ordinance amendment prohibited these signs. The court held that the amended Code applied and dismissed landowner's article 78 proceeding.
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