Appeals of Land Use Approvals and Denials

Litigation and Appeals

An Article 78 proceeding is the procedure in New York to judicially challenge a determination of a land use board (i.e. a zoning board or planning board either granting or denying an application). The attorneys at Silverberg Zalantis LLC have both brought and defended numerous Article 78 proceedings. We understand the standards applied by the Courts in reviewing land use determinations. We also understand the constraints of an Article 78 proceeding as this type of lawsuit is limited to the administrative record before the land use board – unlike other lawsuits, there is typically no discovery. Accordingly, in representing municipalities, we ensure that our clients create a solid record to support the basis of their determinations. Even if there is a good reason for a determination, a determination that has no support in the administrative record will likely be overturned by a Court. As a result of our experience, we can easily recognize when a determination is susceptible to being overturned.

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