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When Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment
Matter of Kogut v. Village of Chestnut Ridge, 2023 WL 2506325, AppDiv, Second Dept. (memorandum opinion)
In landowners' hybrid article 78 proceeding and declaratory judgment action challenging enactment of a local law, the village appealed from Supreme Court's denial of its motion to dismiss three causes of action. The Appellate division affirmed, holding that landowners had standing to challenge the local law and that the village's evidence did not support dismissal of the landowners' claim that the local law violated SEQRA.
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