An appellate court in New York held that where the village zoning board of appeals granted a set-back variance in June of 2003 and the adjacent property owners waited until September of 2007 to challenge the board’s action, the challenge was time-barred. In New York, a CPLR Article 78 proceeding to challenge a zoning board determination must be commenced within 30 days after the determination.
Ip v. Village of North Hills, 2009 WL 943771 (N.Y.A.D. 2 Dept. 4/7/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_02788.htm
