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Private Actions to Enforce Zoning Violations
When does a neighboring landowner have standing to bring a private action to enjoin a zoning violation? That question reaches the New York courts with some frequency, and although the recent trend is to liberalize standing requirements, the answer is not entirely free from uncertainty. The Second Department was faced with one aspect of the issue most recently in Greens at Half Hollow Home Owners Association, Inc. v. Greens Golf Club LLC, where the court upheld neighbor standing.
Town Law Section 268(2)
In Greens at Half Hollow, the Second Department relied on Town Law section 268(2) to hold that a neighboring homeowner association had standing to enforce a zoning restriction that required a developer to maintain community facility buildings for the exclusive use of residents of the district and their guests. Section 268(2) explicitly authorizes any three taxpayers “who are jointly or severally aggrieved by” a zoning violation to bring an action to enjoin the violation if a resident taxpayer asks municipal officials to take action and those officials fail or refuse to take appropriate action for a period of 10 days. Section 268 is not, however, a panacea for landowners seeking to enjoin a perceived zoning violation.
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