Judge Rules in Favor of Developers Seeking to Subdivide Parcel in Rockville Centre

Saturday, October 21, 2017

Moratorium Unjustly Targeted Applicants

UNIONDALE, NEW YORK — Sahn Ward Coschignano, PLLC has announced that, on October 10, Nassau County Supreme Court Justice John Galasso nullified a building moratorium imposed by the Village of Rockville Centre that had halted the development of a 1.75-acre property owned by the Firm’s clients. The clients were represented by Christian Browne, a Partner with the Firm.

Following building permit applications seeking approval to subdivide the site, the Village Board of Trustees voted to impose a six-month moratorium against building permit applications that proposed the construction of new “private roads.” Mr. Browne’s clients seek to divide their existing property into four new building lots. Two of the lots would be accessed by a new street. The Village deemed the proposed new street a “private road” and imposed the moratorium to stop the usual process for the review of subdivision applications.

Mr. Browne’s clients, however, had designed the new street for dedication as a public roadway. Mr. Browne therefore argued that the moratorium should not apply to the application, and further argued that the moratorium was an improper use of the Village’s legal powers, as it was enacted solely in response to community opposition to the development project.

Nassau County Supreme Court Justice John Galasso held that the language used in the moratorium “mirrors each of the plaintiffs’ proposed application to subdivide the subject property” and with “sufficient evidence of strong community opposition to plaintiffs’ subdivision application,” holding that the moratorium itself is “an invalid measure to halt development.” The judge struck it down accordingly.

“We are gratified with the decision,” Mr. Browne said. “We hope the Village will now allow the application to move forward, according to the process set forth in the law for the review of an application for subdivision approval.”

For more information about Sahn Ward Coschignano, call (516) 228-1300 or visit www.swc-law.com.

 

###

 

* A copy of Judge Galasso’s decision is available upon request.

 

About Sahn Ward Coschignano, PLLC

Sahn Ward Coschignano, PLLC is one of the region’s most highly regarded and recognized law firms. The firm is committed to providing its clients with the highest quality representation, counsel, and advice. Practice areas include zoning and land use; real estate law and transactions; litigation and appeals; municipal law and legislative practice; cellular and telecommunications law; environmental, corporate, labor and employment law; tax certiorari and condemnation; matrimonial practice; and estate planning. The firm strives to assist its clients in a wide array of issues, serving them with skill and experience, resourcefulness, and responsibility. For more information, call (516) 228-1300 or visit www.swc-law.com.