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The Comprehensive Plan Requirement

New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan.

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New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan. Matter of Bonacker Property LLC v. Village of East Hampton, NYLJ 1/25/19, p. 29, col. 2 (App Div, Second Dept.), represents one of the most recent examples.

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