Court of Appeals of New York

The Appellate Division properly determined that plaintiff's site plan application to develop property in defendant's town should not be reviewed under a former, more favorable, zoning provision, where: 1) the Appellate Division's finding that defendant did not target plaintiff for selective enforcement comports with the weight of the evidence; 2) plaintiff cannot meet the zoning requirements and did not have a vested right; and 3) the Appellate Division did not err in applying a "bad faith" requirement, rather than a negligence standard to plaintiff's claim.

Appellate Information

• Decided 11/14/2013
• Published 11/14/2013

Judges

• RIVERA

Court

• Court of Appeals of New York

Counsel