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Development

By NYRE Staff
September 01, 2021

Zoning Amendment Did Not Lapse

Matter of Riedman Acquisitions, LLC v. Town Board 194 A.D.3d 1444 AppDiv, Fourth Dept. (memorandum opinion)

In developer's article 78 proceeding and declaratory judgment action challenging the town board's failure to consent to a development application and recodification of the town code to eliminate planned unit development (PUD) zoning, the town board appealed from Supreme Court's grant of most of the petition. The Appellate Division modified to deny attorney's fees to developer, but otherwise affirmed, holding that the passage of time without final approval of the project did not cause zoning to revert to a prior classification.

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