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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Development

By NYRE Staff
June 01, 2023

When Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment

Matter of Kogut v. Village of Chestnut Ridge, 2023 WL 2506325, AppDiv, Second Dept. (memorandum opinion)

In landowners' hybrid article 78 proceeding and declaratory judgment action challenging enactment of a local law, the village appealed from Supreme Court's denial of its motion to dismiss three causes of action. The Appellate division affirmed, holding that landowners had standing to challenge the local law and that the village's evidence did not support dismissal of the landowners' claim that the local law violated SEQRA.

In 2018, the village board of trustees first considered a proposed House of Worship Law (HOW law) that would permit additional gathering places and houses of religious worship in residential districts, subject to issuance of a conditional use permit. The village considered a full environmental assessment form and issued a negative declaration under SEQRA. On Feb. 21, 2019, the village board enacted the HOW law. Landowners, who own homes affected by the ordinance, brought this proceeding contending that the village had failed to comply with SEQRA. Supreme Court denied the village's motion to dismiss.

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