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Denial of A Permit Cannot Be Based Upon Community Pressure Rather Than Expert Opinion

By Steven Silverberg and Katherine Zalantis

A court reversed the denial of a wetlands permit based upon the conclusion that the Town Board ?succumbed to community pressure.? In Matter of Moy v. Board of Trustees of Town of Southhold, the Appellate Division, Second Department, found the Town Board relied upon various reports and recommendations which were by parties either unqualified to render such reports or who failed to address the criteria required by the Town?s code in determining whether to grant a permit. The court found that the Town Board ?properly noted that when conflicting expert reports are submitted ?deference must be given to the discretion and commonsense judgments of the board.?? Yet, the court noted that the Town?s outside consultant did not render an opinion about the impacts of the proposed activities but instead stated ?it did not know what the impact would be...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on May 07, 2009 (boomark / email).