The general rule in New York is that reviewing courts must apply the zoning laws in existence at the time the decision is rendered unless there is proof of “special facts” demonstrating that the municipality acted in bad faith in delaying consideration of the application. Finding no such special facts, the court dismissed the petition seeking a declaration that a moratorium on the review of commercial site plan applications did not apply to the subject property.
Golden Horizon Terryville Corp. v Prusinowski, 2012 WL 1194284 (N.Y.A.D. 2 Dpt. 4/10/2012)
The opinion can be accessed at: http://www.courts.state.ny.us/reporter/3dseries/2012/2012_02687.htm
Filed under: Current Caselaw - New York, moratoria, Retroactive Application