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Case Notes

By ssalkin

Moratorium Invalidated Where Consideration of Zoning Changes Not Planned

A New York court has invalidated a Long Island town's moratorium on certain types of development, having found that the town showed no intention of considering the type of development in the near future and had put in place the moratorium simply as a response to neighborhood opposition to this particular development. O'Reilly v. Incorporated Village of Rockville Centre, NYLJ 10/27/17, p. 21, col. 2 Supreme Ct., Nassau Cty. (Galasso, J.).

The developers sought to create four new building lots, two of which had at least 80 feet of frontage on a public street and the other two of which would have at least 80 feet of frontage on a proposed new private road. The town required at least 80 feet of road frontage for such lots. Two weeks after the developers submitted their site plan for the four lots, the town enacted a moratorium on development of property that does not have at least 80 feet of frontage on a public road. The developers offered to dedicate the proposed new private road to the town, but the town did not respond to that offer. A month after the site plan was submitted, the village building superintendent denied the developers' request for planning board review, citing as the reason the two lots that did not front onto a public road.

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