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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Development

By New York Real Estate Law Reporter Staff
October 01, 2023

Site Plan Denial Overturned

Matter of Southern Realty and Development, LLC v. Town of Hurley, 2023 WL 4353674, AppDiv, Third Dept. (Opinion by McShan, J.)

In applicant's challenge to the town planning board's denial of site plan approval, the town appealed from Supreme Court's grant of the petition. The Appellate Division affirmed, holding that the board's traffic-related reasons for denying the application had been adequately addressed by applicant, and the board's other were conclusory and unsupported.

Applicant sought site plan approval for a drive-through Dunkin franchise. The planning board held a series of public hearings on the application and one nonpublic meeting. The board subsequently denied the application, citing primarily the negative impact the project would have on traffic in the area. Applicant then brought an article 78 proceeding challenging the denial as arbitrary and capricious. Supreme Court granted the petition, holding that the board had improperly conducted meetings out of the public view and that the board failed to provide adequate reasoning on the record to support its denial. The board appealed.

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