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Development
Town Board Failed to Take 'Hard Look' at Amendment
Matter of Youngewirth v. Town of Ramapo
NYLJ 11/9/17, p. 22, col. 6
AppDiv, Second Dept.
(memorandum opinion)
In neighbor's article 78 proceeding challenging the town board's SEQRA findings statement in connection with a plan to amend the town's comprehensive plan, and challenging the rezoning of property to permit a development project, neighbor appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division reversed and granted the petition, holding that the town board had failed to take the requisite “hard look” required by SEQRA.
In 2009, developer sought a zoning change to permit a development consisting of multiple family units. In January 2010, the town board passed three resolutions, one to approve a findings statement pursuant to SEQRA, a second to amend the town's comprehensive plan to permit the zoning change, and the third to grant the zoning change subject to conditions. Neighbor then brought this proceeding to challenge the board's determinations. In prior stages of the litigation, the Appellate Division concluded that the neighbor had standing, but Supreme Court then dismissed the petition on the merits. Neighbor
appealed.
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