Both parties have started separate legal proceedings to have the Town Land Use Board of Appeal decision thrown out. The Land Use Board of Appeals determined which ruled that the “addition of an asphalt batch plant to a nonconforming quarry is an expansion of mining and requires a special use permit from the Planning Board
Petition Dismissed Due to Four Month Statue of Limitations
By Kevin Sheerin on
Posted in Article 78, Employment Law
In the Matter of Jerome Skrine v New York City Department/ Board of Education
Petitioner brought this Article 78 proceeding to seek to compel Respondents to accept the revocation of his resignation.
On October 31, 2008, Petitioner resigned from his position as a tenured special education teacher. In a letter dated June 10, 2010, Petitioner…
Town’s Article 78 Regarding Road Denial Dismissed
By Kevin Sheerin on
In the Matter of Eastern Oaks Development v Town of Clinton, et al.
In this Article 78 case, petitioner, Eastern Oaks Development, asked the court to review a decision of Clinton where petitioner was denied their application to have its road accepted for dedication by the Town of Clinton.
In 2005, petitioner applied with…
Appeal of Southhold Zoning Change Denied
By Kevin Sheerin on
Posted in Article 78
Zupa v. Zoning Board of Appeals of Town of Southhold Index #29166/06 Appellate Division, Second Department
Zupa appealed Southold’s interpretation of the Town Code sect 280-121(A) that the proposed realignment of the dock/marina would not be a change that would render inapplicable the provisions concerning non-conforming uses. The Court held that the Town Board decision…