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Site Plan Application Annulled Due to Prejudging By Planning Board Members

By Steven Silverberg and Katherine Zalantis

The Appellate Division Fourth Department reversed the granting of a site plan approval where it found that three planning board members had ?impermissibly prejudged? an application. In Schweichler v. Village of Caledonia the court dismissed claims of improper spot zoning and violations of SEQRA but remitted the site plan application for further review by the planning board stating ?the appearance of bias and actual bias in this case require annulment of the Planning Board?s site plan approval.? The court noted that three members of the planning board had signed a petition in favor of rezoning the property. Further, the chair had ?manifested actual bias? when she wrote to the Mayor supporting the rezoning. Her letter went so far as to state that she would like to see the new housing made available to her so she could sell her home...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on November 21, 2007 (boomark / email).