The New York Appellate Division, Second Department recently affirmed a lower court’s decision dismissing an Article 78 Petition against the Village of Port Jefferson Zoning Board of Appeals (the “ZBA”). Egan & Golden, LLP represented the ZBA in both the lower court and in the Appellate Division, Second Department. Christopher Bianco successfully argued that the ZBA’s determination was rational and that the lower court’s decision should not be disturbed. The Article 78 action involved a project to develop a mixed-use law office and apartment on an existing residential property in the Village of Port Jefferson. The proposed project required a variance from the Village Code’s requirement for parking spaces. The ZBA denied the variance and the property owners commenced an action against the Village ZBA. After the lower court dismissed the Article 78 action, the owners appealed the decision to the Appellate Division, Second Department.
The Appellate Division’s decision may be found here (LINK)
The Supreme Court, Suffolk County’s decision may be found here (LINK)
The Egan & Golden Municipal Law Practice Group provides a full range of legal services to our municipal clients throughout Long Island. The group is multidisciplinary in nature, involving lawyers who regularly counsel clients in the areas of labor and employment law, public finance law, zoning and land use, environmental law, general municipal law, construction projects, and litigation and litigation avoidance, among others. Whether as Village Attorneys, general counsel, litigation counsel, or as special counsel for specific projects or matters, Egan & Golden attorneys can actively and efficiently use their experience to assist in all phases of municipal operations.
