Appellate Division Affirms Denial of Church’s Article 78 Petition

In Saint James Antiochian Orthodox Church v. Town of Hyde Park Planning Board, 17 NYS 3d 481 (2nd Dept. 2015), the New York State Appellate Division, Second Department, affirmed the lower court’s denial of the Church’s Article 78 Petition. The Court found that the determination of the Town of Hyde Park Planning Board issuing site plan approval had a rational basis, and was not illegal, arbitrary and capricious, or an abuse of discretion. Furthermore, the Court found that the Planning Board rationally determined that the requirements for the issuance of the special use permit were met. Based on the foregoing, the Court found that the Supreme Court properly denied the petition and dismissed the proceeding.

For more information about zoning matters in New York, please click here.

For general information about the firm, including our contact information, please click here.

The Law Offices of Keith R. Betensky, Esq.
The Empire Building
26 Village Green, Suite 4
P.O. Box 22
Bedford, New York 10506-0022
(914) 338-8050

Contact Us

Give us a call or fill in the form below and we will contact you. We endeavor to answer all inquiries within 24 hours on business days.