David Steinmetz, Daniel Richmond & Katelyn Ciolino Successfully Defend Against Challenge To Zoning Amendment

By Decision and Order, dated September 14, 2017, the Honorable Anne E. Minihan denied and dismissed a challenge to the New Rochelle City Council’s zoning amendments to permit the construction of a memory care assisted living residence. The challenged zoning amendments allowed for senior citizen housing in single-family residential districts in the City of New Rochelle, including on the site of the proposed assisted living residence. Judge Minihan denied and dismissed the Petitioners’ challenge on standing grounds, finding that the Petitioners did not live in close proximity to the site and citing the Petitioners’ “speculative harm” and “overbroad allegations of negative impacts on neighborhood character” and property values. The Court also denied the Petitioenrs’ motion to add two new parties to the action — who live within 250 feet of the project site — on standing an statute of limitations grounds.

The case is captioned Vasser, et al. v. City of New Rochelle, et al., Index No. 57315/2017 (Sup. Ct. Westchester Cnty. Sept. 14, 2017) (Minihan, J.).

A copy of the Decision & Order can be viewed here.