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Development
Denial of Rezoning
O'Neill Group-Dutton, LLC v. Town Bd. of Town of Poughkeepsie
NYLJ 7/17/17, p. 21, col. 1
Supreme Ct., Dutchess Cty
(Pagones, J.)
In developer's article 78 proceeding challenging the town's denial of its application to rezone property, the town moved to dismiss. The court granted the town's motion, emphasizing the limited judicial authority to overturn legislative zoning determinations.
In 2002, developer purchased a 15-acre site, 3.8 acres of which were located in the Town of Poughkeepsie; the remainder was in the City of Poughkeepsie. Developer proposed to develop 84 residential units on the town portion of the site, but the proposal required rezoning. In 2012, the town board created a new designation, the Waterfront Housing Overlay District (WHOD), which was designed to accommodate developer's unit. Before the developer could build, however, the developer's site had to be rezoned with a WHOD designation. The town planning board issued a positive recommendation, and the town board adopted a resolution accepting developer's site plan. The following month, however, the town board did an about-face and rescinded its resolution. The town board then set a public hearing on the application, and ultimately denied developer's application, citing density, the absence of recreational amenities, inadequate parking and inadequate snow storage, among other reasons. Developer then brought this article 78 proceeding contending that the town board's denial was not supported by substantial evidence.
In dismissing developer's claim, the court noted first that an article 78 proceeding is not the proper vehicle for challenging a legislative act, but went on to treat the claim as one for declaratory relief. The court then noted that judicial authority to review legislative zoning acts is quite constrained: The town board's action must be an unreasonable exercise of the zoning police powers. In this case, when the town board's decision was fairly debatable, and where the town board was “uniquely positioned to consider the application,” the court was unwilling to overturn the town board's decision.
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