Posted by: Patricia Salkin | May 19, 2020

NY Supreme Court Holds that New Referral to the County Planning Department was Required After New Language Was Added to Amendment

This post was contributed by Knauf Shaw

Prospective developer of a waste to energy facility challenged an amendment to zoning ordinance which prohibited the proposed project. Though the Town did refer the proposed amendment to County Planning, it subsequently amended the ordinance and did not resubmit the language to County Planning. The Court annulled the legislation, finding that, because “the changes literally added matters of substance to the zoning ordinance,” “a new referral under GML § 239-m was required.”

Circular EnerG v. Town of Romulus, Supreme Court Seneca County, Index Number 20180124 (5/15/2020)

 


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