Misc. Wetlands Legal Issues

Fed. Dist. Court in NY Finds Failure to Pursue Article 78

By Patricia Salkin – Commercial Appraiser – May 20, 2012

The plaintiff in the case owns property in the town of Brookhaven on which he has a house, a pool, and various other buildings. The plaintiff sought approval from the town to construct three new structures, to legalize a few structures already built, and to perform an expansion of his house. After hearings and testimony, the town granted plaintiff’s application, subject, however, to the issuance of a wetlands permit. Seeking to set aside the approval, plaintiff’s neighbors filed an Article 78 petition in the state trial court, which was largely denied. On appeal, the appellate court reversed and vacated the variances. Meanwhile, the plaintiff’s wetlands permits were suspended during the initial action but were ultimately issued before the Appellate Division’s decision. The permits were issued with conditions, however, many of which would decrease the value of the property. For full blog post, click here.