Posted by: Patricia Salkin | February 20, 2009

Appeal of Special Use Permit Denial Dismissed for Improper Service

Following a denial of a special use permit by the zoning board of appeals for the operation of a sand and gravel mine, the petitioner appealed, but failed to properly serve notice upon the municipality.  Service was made on the Village of Fredonia rather than the Town of Pomfret, and although a Village employee delivered the papers the next day to the Town Clerk, the Court held that such notice was not received by a means authorized by statute.  Therefore, the Court dismissed the matter for lack of personal jurisdiction.   

 

Matter of Countryside Sand & Gravel, Inc. v. Town of Pomfret, 2008 N.Y. Slip. Op. 10406 (N.Y.A.D. 4 Dept. 12/31/2008).

 

The opinion may be accessed at: http://www.courts.state.ny.us/ad4/court/Decisions/2008/12-31-08/PDF/1636.pdf


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