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Development
Moratorium Invalidated
O'Reilly v. Incorporated Village of Rockville Centre
NYLJ 10/27/17, p. 21, col. 2
Supreme Ct., Nassau Cty.
(Galasso, J.)
In developers' combined article declaratory judgment action and article 78 proceeding, developers sought to invalidate a moratorium imposed by the village. The court declared the moratorium invalid because its narrowly tailored language, combined with community opposition to the project, indicated that the moratorium was an invalid measure to halt development.
Developers sought to create four new building lots, two of which would have frontage on a proposed new street. Developers' site plan showed four lots, each of which had the required 80 feet of frontage on a street. Developers offered to dedicate the proposed new street to the village, but the village did not respond to the offer. On June 26, 2017, developers submitted the site plan for review by the planning board. On July 10, the village enacted a moratorium on development of any property that does not have the required minimum frontage on a public road. On July 28, the village building superintendent denied developers' request for planning board review of the site plan, contending that the code requires 80 feet of frontage on a public road, and the site plan includes two lots whose frontage is on a private road.
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