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Development
Local Law Was Consistent With Comprehensive Plan
Matter of JDM Holdings v. Village of Warwick, NYLJ 12/17/21, p. 32, col. 6, AppDiv, Second Dept. (memorandum opinion)
In landowner's hybrid article 78 proceeding/declaratory judgment action challenging village local laws requiring cluster development on landowner's parcel, landowner appealed from Supreme Court's dismissal of the complaint and petition. The Appellate Division modified to declare the local laws valid rather than dismissing the petition, but otherwise affirmed.
In 2004, the village adopted a Comprehensive Plan recommending that in certain gateway corridors, "clustering provisions" be required. Landowner acquired a ten-acre parcel in one of those corridors in 2013. At that time, the parcel was zoned residential. In 2015, the village enacted the two local laws that landowner now challenges. The first local law requires cluster development in the areas identified in the 2004 plan and imposes a per unit special permit fee for all units over the number of units which would be permitted as of right in a fully conforming conventional subdivision. The second establishes the amount of that fee. In 2016, landowner brought this action and proceeding challenging the local laws as inconsistent with the goals of the comprehensive plan, as unconstitutional reverse spot zoning, and as a regulatory taking. After discovery, Supreme Court dismissed the complaint. Landowner appealed.
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