A New York appellate court upheld a preliminary subdivision approval since the board’s actions had a rational basis and were not arbitrary and capricious. Although the petitioner contended that its private property rights were adversely affected by the Board’s determination, the Court held that any such rights must be enforced through a private action against the individuals or entities charged with violating those rights and not through the present CPLR Art. 78 action. Since a proper claim was not made, the Court took no position on the merits and did not preclude the petitioners from commencing a private enforcement action.
Shuttle Contracting Corp. v Planning Board of the Incorporated Village of Great Neck, 2010 WL 1796565 (N.Y.A.D. 2 Dept. 5/4/2010)
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D27226.pdf
