Development

In landowner's combined article 78 proceeding and declaratory judgment action challenging denial of variances to operate billboards, landowner appealed from Supreme Court's denial of its petition. The Appellate Division modified to declare the town code constitutional, and otherwise affirmed, holding that landowner had not established that the variance denial violated any of its rights.

Landowner owns six undeveloped landlocked parcels located adjacent to an interstate highway. Landowner's predecessor acquired the parcels in the 1960s and 1970s, and, in 1982, the town approved a plan to develop an industrial park on the land. The park was never developed and in 2009, landowner sought to sell the parcel, and received a single offer, from a developer who made the offer contingent upon receipt of variances that would permit erection of billboards visible from the highway. The town code prohibits commercial signs not located on the site of the business for which they advertise. The town zoning board denied the variances, and landowner brought this combined action and proceeding to challenge the denial. Supreme Court denied the petition, and dismissed the declaratory judgment proceeding.