111 S. Liberty LLC v. Douglas J. Schuetz, as Acting Commissioner of The Department of Planning, Rockland County, Rockland County Planning Board And Planning Board Of Town Of Stony Point

Index No. 030301/2024

Partner Brian D. Nugent successfully defended the Town of Stony Point Planning Board in an Article 78 and declaratory proceeding brought against the Town and the County of Rockland challenging a determination of the Town’s Planning Board. The Town Planning Board had denied Petitioner’s site plan application after a failure of the Town Planning Board to override the recommendations of the County Planning Department under NYS General Municipal Law (“GML”)§ 239-m. Under New York law, GML § 239-m requires the Planning Board to override such County Planning recommendation by a majority vote plus one. On April 2, 2025, the Court denied all Article 78 claims against the Town, upholding the determination of the Town Planning Board. The Plaintiff-Petitioner had also asserted Open Meeting violations against the County Planning Department that were rejected by the Court.

Read the full decision here:  111 S Liberty LLC v. Stony Point PB Decision