Posted by: Patricia Salkin | April 15, 2012

NY Appellate Court Reverses Findings of Intentional Bad Faith Delay at the Trial Court

The plaintiffs sought an order allowing their site plan application to be reviewed under the zoning laws in effect on the date of their application.  The trial court found that defendants had acted with “intentional bad faith delay” in evaluating the plaintiff’s application.  Thus, the trial court granted plaintiff’s relief, explaining that there were “special facts” which permitted the plaintiff to receive the benefits of the zoning laws on the date of plaintiff’s site plan application. The appellate court reversed, citing its ability to reconsider the facts on appeal.  Upon review, the appellate court found the trial court’s findings of intentional, bad faith delay unwarranted.  

Rocky Point Drive-In, L.P. v. Town of Brookhaven, 2010 WL 717237 (N.Y. A. D. 2d Dep’t 3/06/2012) 

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2012/2012_01665.htm


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