Development

In a hybrid article 78 proceeding/declaratory judgment action challenging the refusal to entertain a permit application, the applicant, a religious school, appealed from Supreme Court's dismissal of the petition and denial of attorney fees. The Appellate Division modified to grant the petition for attorney fees, but otherwise affirmed, holding that the school had no standing to challenge the refusal to entertain the application.

The school contracted to buy the subject real property for use as a house of worship and school. The school then applied for a building permit to do repairs, but the building inspector denied the application, concluding that a variance was necessary to operate a school since the property did not have the required access to a major or secondary road. The school appealed to the ZBA, and alternatively sought a variance. Meanwhile, the seller terminated the sale contract and revoked its consent for any land use application. The ZBA then declined to entertain the permit application. The school then filed a Freedom of Information Law (FOIL) request seeking records relating to the purchase and sale of the property. The town responded that no such records existed. The school appealed but the town supervisor failed to respond to the appeal within the required 10 days. The school then brought this proceeding challenging the ZBA's actions and seeking records responsive to the FOIL request and attorneys' fees. Supreme Court denied the petition and dismissed the proceeding.