Posted by: Patricia Salkin | February 13, 2010

Rezoning Invalidated for Failure to Comply with Comprehensive Plan and Failure to Make Required Referral

The Town Board purported to amend its zoning ordinance, but failed to comply with the referral requirements of the New York General Municipal Law sec. 239-m.  Such failure resulted in the inability of the Town to legally change the zoning ordinance. In addition, the trial court found that the proposed zoning amendment was conflicts with the comprehensive plan in violation of Town Law secs. 263 and 272-a(11)(a).

EMB Enterprises, LLC v. Town of Riverhead, 2010 WL 377314 (N.Y.A.D. 2 Dept. 2/2/2010).

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D25992.pdf


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