Development

In landowner's article 78 proceeding challenging denial of a special permit, landowner appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division modified to grant the petition to the extent it sought to reinstate a condition in a prior planning board resolution, but otherwise affirmed, holding that there is no automatic entitlement to a special permit.

Landowner operates a nursery and landscaping business. In 2017, landowner submitted a site plan application with respect to the business and the planning board approved the site plan with a condition permitting storage of wood stumps, limbs and clippings, "to be regularly processed for landscape mulch" on a specified portion of the property. When landowner later submitted a new site plan seeking to reconfigure the property, the planning board determined that the mulching operation needed a special permit. The board then denied the special permit application and purported to repeal and delete the condition in its earlier site plan approval permitting processing for landscape mulch. Landowner then brought this article 78 proceeding. Supreme Court orally concluded that the decision to repeal the condition should be annulled, but the denial of the special permit should be upheld. The court's written judgment, however, purported to deny the petition in its entirety. Landowner appealed.