Posted by: Patricia Salkin | May 23, 2017

NY Appellate Court Holds Tie Vote on Special Use Permit Constitutes a Non-Action

Following a tie-vote on an application for a special use permit which resulted in a non-action, the applicant challenged the vote as a default approval.  The county supreme court held that the tie-vote was not a default approval but rather a non-action.  This was upheld by the appellate court.

Alper Restaurant Inc. v. Town of Copake Zoning Bd. of Appeals, 149 A.D.3d 1337 (3 Dept 2017)

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