Z&S Successfully Defends Appeal Challenging Approval for Hotel
After representing a private developer before the ZBA and Planning Board and successfully obtaining approvals for two hotel pads in the Town of New Windsor in Orange County, Z&S Partner Jody Cross went on to represent the developer and prevail in an Article 78 proceeding challenging those approvals – both in the lower court and on appeal. Jody first successfully defeated the Article 78 challenge from a neighboring property owner in Nunnally v. Zoning Bd. of Appeals of New Windsor, et al., Index No. EF000196-2020 (Sup. Ct. Orange Cnty.) (Bartlett, J.), which the neighbor appealed to the Second Department. In a unanimous decision, the Second Department found that for various reasons, including both on legal standing and on the merits of the claims, the lower court’s opinion should not be disturbed and the developer’s approvals should be upheld. A copy of the Decision affirming the lower Court can be found at Nunnally v. Zoning Bd. of Appeals of New Windsor, 217 A.D.3d 950, 193 N.Y.S.3d 43 (2d Dep’t 2023).
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