Michael and David represent a premier private country club in lower Westchester. In 2014, they assisted the club in obtaining a special permit to conduct nonmember events in its clubhouse and on its golf course. A group of neighbors subsequently filed an Article 78 Petition seeking to annul the special permit and enjoin the Club from holding future events. The neighbors claimed that the events resulted in adverse noise and parking conditions in the neighborhood. They also claimed that the club was a “sham” non-profit corporation, and was not entitled to a special permit. Z&S secured a decision from the Supreme Court, Westchester County, dismissing the neighbors’ petition. The Supreme Court agreed with Michael and David that the Administrative Record they helped compile demonstrated the Club’s events would not result in any undesirable impacts upon the neighborhood, and it was entitled to the special permit. The Supreme Court determined that the neighbors’ claims of noise and parking impacts constituted “generalized community opposition” unsupported by any evidence. In addition, the Supreme Court rejected the neighbors’ contention that the corporate structure of the club was illegal, again, due to the Administrative Record compiled by Michael and David demonstrating that the Club had complied with all state and local not-for-profit corporation laws.
The neighbors appealed the Supreme Court’s decision to the Appellate Division, Second Department. David Cooper presented the oral argument to the Second Department on May 8, 2017. On July 26, 2017, the Second Department issued a Decision and Order upholding all aspects of the Supreme Court’s decision, recognizing that the neighbors presented “no reasonable grounds for denying the special use permit.”
A copy of the Decision and Order can be downloaded here.