The planning board denied Petitioner’s application for a subdivision since the petitioner failed to satisfy the required minimum lot size under local law. The Petitioner relied on a subsequent local law that provides an exemption for lots held in single or separate ownership on the effective date or for an unimproved building lot adjacent to said improved residential lot or parcel. The planning board, however, determined that the Petitioner did not meet the requirements of that local law. The trial court disagreed with the planning board and directed that the Petitioner’s application be approved. On appeal, the Court reversed, noting that a local planning board has broad discretion in reaching determinations on subdivision applications, and that here the actions of the planning board had a rational basis, were not arbitrary or capricious, and were not illegal.
Kearney v. Kita, 2008 WL 1477404 (N.Y.A.D. 2 Dept. 5/26/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_04238.htm
