Thirty Day Statute Of Limitations Under Town Law § 267-C(1) Begins Running Upon The Filing Of The Minutes Of The Hearing At Which The Determination Was Made, Not Upon The Later Filing Of A Formal Written Decision

Land Use

The Appellate Division, Second Department re-affirmed the well established standard that the statute of limitations for a zoning board’s determination under the State Environmental Quality Review Act (SEQRA) must be commenced within  thirty days of the filing of such decision in the office of the town clerk pursuant to Town Law § 267-c[1].  Matter of 92 MM Motel, Inc. v Zoning Bd. of Appeals of Town of Newburgh, 2011 NY Slip Op 08945 (December 6, 2011).  However, of particular interest in this case was that the Court held that the thirty day statutory period began to run upon the date of the filing of the minutes of the public hearing at which the board rendered a verbal decision, not at the later date upon which the formal written decision of the board was filed in the office of the town clerk.  This distinction is of great importance, as in many instances a zoning boards will grant or deny an application at a public hearing and then follow up on their verbal decision with a formal written decision that contains findings of fact in support of the decision. Read the rest of this entry »

Posted by John Christopher

New York Appellate Court Finds that a Town of Hempstead Zoning Code Provision Adopted to Regulate the Location of Check Cashing Establishments is Preempted by State Law and Invalid

Land Use, Municipal Law

Recently, in Sunrise Check Cashing & Payroll Servs., Inc. v Town of Hempstead, 2011 NY Slip Op 08745 (Decided Nov. 29, 2011), the Appellate Division, Second Department, issued an opinion on whether a section of the Town of Hempstead Zoning Code enacted to regulate the location of Check Cashing establishments was preempted by New York State Banking Law and, therefore, invalid and unenforceable.  The Town of Hempstead Code provision at issue was Section 302(K) of Article XXXI of the Building Zone Ordinance.  Section 302(K) prohibited check-cashing establishments within the Town in any zoning districts other than industrial and light manufacturing districts.  Further, Section 302(K) provided a five year amortization period, requiring that any check cashing establishments located outside the permitted districts must close or relocate to a permitted location within such time.  The Court held, that based on the doctrine of conflict preemption, the Town Ordinance at issue was preempted by New York State Banking Law, and therefore, invalid.  Read the rest of this entry »

Posted by John Christopher