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ZBA Did Not Violate Open Meetings Law
Matter of Haverstraw Owners Professionals and Entrepreneurs v. Town of Ramapo Zoning Board of Appeals
NYLJ 6/9/17, p. 27, col. 6
AppDiv, Second Dept.
(memorandum opinion)
In an article 78 proceeding brought by project opponents seeking to invalidate grant of area variances, opponents appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the zoning board of appeals (ZBA) had not violated the open meetings law.
The ZBA conducted two public hearings on the application for area variances. After the close of the public hearings but before the next ZBA meeting, the ZBA's counsel then prepared a proposed draft written determination. Subsequently, at an Oct. 25, 2012 public meeting, the ZBA considered the draft and granted the variance. Project opponents contended that this process violated the open meetings law because there was no public discussion, deliberation or consideration by the ZBA at the Oct. 25 meeting. Supreme Court denied the petition and dismissed the proceeding.
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