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Thirty Year Old Site Plan Approval Does Not Create Vested Rights

By Steven Silverberg and Katherine Zalantis

The Appellate Division found that a site plan approval obtained in the early 1970?s did not create a vested right in the zoning that was subsequently amended, even though 204 of the 330 approved units were constructed and funds were expended on infrastructure that would have served the second phase of development. In the case of RC Enterprises v. Town of Patterson, the Appellate Division, Second Department found the petitioner, who had purchased the property in 1979 from the original developer of the first phase, had abandoned the plan to develop the second phase ?as demonstrated by its failure to act over a period of decades.? In concluding there were no vested rights, the Court restated the rule that in seeking to claim vested rights in a permit after zoning has changed there must be substantial expenditures and substantial construction under the original zoning...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on July 28, 2007 (boomark / email).