Law of the Land: Challenge to Zoning Amendment Adoption Deemed Timely

From Prof. Patty Salkin:

In New York, the statute of limitations for challenging the adoption of an amendment to a local zoning code is six years. Since a zoning amendment is a legislative act, the proper vehicle to challenge this action is through a declaratory judgment action, not a CPLR Article 78. Therefore, the instant claim was timely having been brought within the longer six year statute of limitations.

East Suffolk Development Corp. v. Town Board of Riverhead, 2009 WL 486697 (N.Y.A.D. 2 Dept. 2/24/2009).

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_01440.htm
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