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NEW YORK COURT OF APPEALS UPHOLDS OPEN SPACE
ZONING
In a landmark ruling issued late
yesterday, the New York Court of Appeals upheld the right
of local communities to combat sprawl and protect
vanishing open space through reasonable land use planning
efforts. The case -- Bonnie Briar Syndicate, Inc. v.
Town of Mamaroneck -- involved a 1994 zoning
ordinance enacted by the Town of Mamaroneck, N.Y. The
ordinance designates about 430 acres of property as a
Recreation Zone. This recreational zoning is designed to
protect open space, reduce flood risks, enhance
recreational opportunities, and preserve wildlife
habitat. Bonnie Briar Syndicate, the owner of about 150
acres of the property, challenged the zoning ordinance
even though the Syndicate may continue to use the
property to operate a profitable golf course, the
historic use of the property for more than 70 years.
In August, Community Rights Counsel filed
a brief on behalf of the American Planning Association
urging the Court of Appeals to uphold the law and
repudiate two earlier cases which suggested that
"heightened" or "strict" judicial
scrutiny should apply to any land use decision. Community
Rights Counsel's brief demonstrated that courts should
respect the decisions of local officials and invalidate
them only if they are wholly without a rational basis.
Yesterday, the Court of Appeals agreed,
declaring that its earlier rulings were no longer
reconcilable with the holdings of the United States
Supreme Court. In a critical portion of its opinion the
Court ruled that "it is not this court's place
to substitute its own judgment for that of the zoning
board. It is similarly not for this court to determine
if, in regulating land use, the rezoning determination
was more stringent than one might reasonably conclude was
necessary to further public objectives."
Community Rights Counsel's Executive
Director Doug Kendall hailed the decision:
It is a critical victory for
communities across New York. The Court of Appeals has
affirmed the importance of local planning and
repudiated two decisions that stood as an obstacle to
community protections. The decision should boost
efforts across New York to combat sprawl and protect
open space.
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