Posted by: Patricia Salkin | March 3, 2014

NY Appellate Court Finds Rezoning Does Not Amount to Impermissible Spot Zoning as it is Consistent with the City’s 2020 Vision Plan

Plaintiffs appealed from a judgment challenging the rezoning of property in the City of Oswego (City) to accommodate the construction of a hotel. The court began its analysis by first stating that a “strong presumption of validity” exists in zoning amendments. This presumption ensures that such amendments, as with the one in this case, will not be disturbed unless they can be found to be in clear conflict with a city’s comprehensive zoning plan. Here, the defendants presented evidence that the rezoning application underwent a thorough review, including consideration by the Common Council’s Planning and Development Committee, the City Planning Board, and the County Planning Department before the Common Council acted on the revised petition. Furthermore, the zoning amendment at issue furthered the City’s legitimate interest in carrying out the planned development of the city.

The plaintiffs also claimed that the Common Council acted in arbitrary and capricious manner in reversing its decision to grant the zoning petition. Since the Common Council substantially adhered to its procedural requirements the court quickly dismissed the claim. Accordingly, the court upheld the zoning amendment and granted judgment in favor of the defendants.

Restuccio v. City of Oswego, 1284, 2014 WL 486797 (N.Y. A.D. 4 Dept. 2/7/2014)

The opinion can be accessed at: http://scholar.google.com/scholar_case?case=9513438302070072680&hl=en&as_sdt=6&as_vis=1&oi=scholarr


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