Posted by: Patricia Salkin | May 25, 2011

NY Appellate Court Holds Private, Non-Profit Corp. with Quasi Governmental Function is Not Subject to Open Meetings Law

The Chautauqua Institution, which was created by state legislation, and its Architectural Review Board, are not subject to the requirements of the Open Meetings Law because they are not public bodies.  The appellate court noted that the Institution was established by the Legislature to create a private, non-profit corporation with quasi-governmental functions for purposes of regulating activity on its grounds in furtherance of the Institution’s stated purposes. Therefore the Institute did not have to follow the Open Meetings Law when approving the demolition of an existing cottage and permitting the construction of a two-family home on property located on its  grounds.

Rowe v Town of Chautauqua, 2011 WL 1733882 (N.Y.A.D. 4 Dept. 5/6/2011).

The opinion can be accessed at: http://www.nycourts.gov/courts/ad4/Clerk/Decisions/2011/05-06-11/PDF/0524.pdf


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