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Development
Challenge to Site Plan Approval Dismissed for Failure to Exhaust Administrative Remedies
O'Malley v. Town of Windsor Planning Board 2024 WL 2035463 AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging a planning board's grant of conditional site plan approval, developers appealed from Supreme Court's grant of the petition. The Appellate Division modified to deny the petition and dismiss the proceeding, holding that the neighbors had failed to exhaust administrative remedies.
In November 2017, developers filed an application for site plan approval for development of an industrial park. In September 2018, the planning board engineer reported to the planning board that the application complied with relevant zoning laws. A year later, in November 2019, the planning board conditionally approved the site plan. Neighbors then brought an article 78 proceeding to annul the approval as arbitrary and capricious, largely because the project allegedly violated local zoning laws. Supreme Court granted the petition and developers appealed.
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