Posted by: Patricia Salkin | July 7, 2012

NY Appellate Court Affirms Dismissal of Lawsuit Against Planning Board and Town Board Members Over Adoption of Zoning Ordinance

The appellate court affirmed dismissal against the individual members of the Planning Board because they “had no role in adopting the challenged zoning ordinance.” In regards to the individual members of the Town Board, the complaint was properly dismissed because the “Town Board members are entitled to absolute legislative immunity in the adoption of a zoning ordinance.”

Nocro LTD v. Russell, 2012 WL 1194273 (N.Y.A.D. 2 Dept. 4/10/2102)

http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2012/D34451.pdf


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