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Landowners Benefiting from Amendment Not Necessary Parties in Challenge to Zoning Change Hudson River Sloop Clearwater, Inc. v. Town Board 2016 WL 6636927 AppDiv, Third Dept, 11/10/16 (Opinion by McCarthy, J.)
In neighbors' combined article 78 proceeding and declaratory judgment action challenging a zoning amendment, neighbors appealed from Supreme Court's dismissal of the proceeding as time-barred. The Appellate Division reversed, holding that neighbors had brought the proceeding against the town in a timely matter, and that the landowners who benefited from the zoning change were not necessary parties.
In March 2014, the town board rezoned nine contiguous parcels from residential-agricultural use to industrial use. In September 2014, neighbors commenced this combined article 78 proceeding and declaratory judgment action challenging the rezoning and contending, among other things, that the town had violated the State Environmental Quality Review Act (SEQRA).
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