NY Appellate Court Holds Village Board’s Determinations Not to Consider the Petitioners’ Applications for Rezonings Were a Legislative Function Not Subject to Review Under CPLR Article 78

This post was authored by Matthew Loescher, Esq.
In January 2014, petitioners filed an application to change the zoning of their property located within the Village of Mamaroneck from its current classification to an “Open Space/Residential Community District.” The defendant Village of Mamaroneck Board of Trustees declined to consider the petitioners’ rezoning application. Petitioners filed a second application to rezone the subject property, but the Village Board declined to consider the second rezoning application. The petitioners then commenced this hybrid action for declaratory relief and proceeding pursuant to CPLR article 78, to compel the Village Board to consider their applications.
Pursuant to the Village Law § 7–708; Code of the Village of Mamaroneck § 342–95, the Village Board is vested with discretion to amend its zoning ordinance, and it is not required to consider and vote upon every application for a zoning change. As such, the Village Board’s determinations not to consider the petitioners’ applications were a legislative function not subject to review under CPLR article 78. Since the nature of the relief sought in the third and fourth causes of action was relief pursuant to CPLR article 78, the court held that the Supreme Court should have granted those branches of the respondents’ motion to dismiss the third and fourth causes of action.
In the Matter of Hampshire Recreation, LLC, et al. v Village of Mamaroneck, 2020 WL 1435974 (NYAD 2 Dept. 3/25/2020)