Justia Zoning, Planning & Land Use Opinion Summaries

Ronald and Margaret Marchard owned property in the Village of Bayville through which runs a dirt road called the Travelled Way. The Marchands asserted that the road was private property, while the Village maintained that it was a Village Street. Supreme Court, after a non-jury trial, entered judgment in favor of the Village, declaring that the Travelled Way was a Village street. The appellate division affirmed. The Court of Appeals reversed, holding (1) a road is not public unless the public takes responsibility for maintaining and repairing it; and (2) because the Village had not maintained or repaired the road, the Travelled Way was a private road and not a Village street. View "Marchand v. State Dep't of Envtl. Conservation" on Justia Law

At issue in this case was a rezoning proposal for Sunset Park, a predominantly residential neighborhood in Brooklyn. Following public hearings, the Department of City Planning (DCP), the lead agency here, prepared an environmental assessment statement (EAS) and issued a negative declaration, concluding that the proposed rezoning would not have an adverse impact on the environment. Petitioners sought to annul the negative declaration on the ground that DCP's environmental review of the proposed rezoning was not in compliance with the New York State Environmental Quality Review Act and the City Environmental Quality Review rules. Supreme Court denied the petition and dismissed the proceeding. The appellate division affirmed. The Court of Appeals affirmed, holding that DCP neither abused its discretion nor was arbitrary or capricious when it issued its negative declaration because in its EAS the DCP identified the relevant areas of environmental concern, took a hard look at them, and made a reasoned elaboration of the basis for its determination. View "Chinese Staff & Workers' Ass'n v. Burden" on Justia Law