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Courts Must Apply a Zoning Law as Amended Following Submission of an Application

By Steven Silverberg and Katherine Zalantis

In upholding the rejection of a draft environmental impact statement submitted pursuant to SEQRA, the appellate division reiterated the long standing rule that when a zoning law is amended, after submission of an application and before a decision, the courts must apply the new law and there is no vested right in development under the old law. In Matter of Jul-Bet Enterprises, LLC v. Town Board of Town of Riverhead, the Appellate Division Second Department also noted that the failure to act, as required, within 45 days of submission of the DEIS did not constitute an automatic acceptance of the DEIS.

Full post as published by New York Zoning and Municipal Law Blog on February 24, 2008 (boomark / email).