ELR Citation: ELR 20519
No(s). 07182-72 (N.Y. Sup. Ct. Apr 20, 1973)

Independent and meaningful consideration must be given to environmental concerns required by local zoning and town plan ordinances before a town board may approve a new development proposal submitted by a private developer. A town board may not rely on recommendations from other municipal departments that are in conflict with local ordinances. Compliance with state laws regulating development is not a defense where local ordinances are more strict.

Counsel for Plaintiff
Berle, Butzel, and Kass
425 Park Ave.
New York, NY 10022

Counsel for Defendant
Roger Gofton
363 Underhill Ave.
Yorktown Heights, NY 10598

Counsel for Intervenor
Dreyer and Traub
90 Park Ave.
New York, NY 10016