Posted by: Patricia Salkin | May 4, 2014

NY Appellate Court Holds that Pine Barrens Credits Should be Limited to the Extent of the Land that can be Developed

This proceeding arose pursuant to CPLR article 78 to review a determination of the Central Pine Barrens Joint Planning and Policy Commission dated July 6, 2010, allocating only 18.46 Pine Barrens Credits to the petitioners’ real property, and in the nature of mandamus to compel the Central Pine Barrens Joint Planning and Policy Commission to allocate 50.42 Pine Barrens Credits to that property, the petitioners appeal from a judgment of the Supreme Court, Suffolk County, which denied the petition and dismissed the proceeding. This court concluded that the petitioners failed to demonstrate a clear legal right to an allocation of 50.42 Pine Barrens Credits, because, among other factors in the allocation formula, “such an allocation fails to account for the fact that only 20% of the [p]roperty could have been developed under the [Code of the Town of Southampton] absent the adoption of the Act”

The court then remitted the matter to the Commission to determine the proper number of Pine Barrens Credits to be allocated to the subject property. On remittal, the Supreme Court dismissed the petitioner’s petition for an allocation of 50.42 Pine Barrens Credits. The Appellate Court then found that the Commission acted in accordance with this Court’s directive, and thus the determination under review was not arbitrary and capricious.

Tuccio v. C. Pine Barrens Jt. Plan. and Policy Commn., 978 N.Y.S.2d 350 (N.Y. App. Div. 2d Dept. 2014)


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