D. Charles Roberts Jr. and Kevin G. Cope obtain dismissal of Article 78 proceeding against local Town

Webster Szanyi attorneys Charlie Roberts and Kevin Cope successfully defended a local Town in an Article 78 proceeding seeking to overturn the Town’s denial of a proposed concept plan for a large subdivision.  The proposed development has a long history dating back almost 20 years, during which time the Town approved a prior concept plan to develop the subdivision.  The developer did not proceed with the approved development because it was unable to acquire certain property needed for an entrance to the subdivision.  The developer subsequently amended the plan to change the location of the entrance to the subdivision.  The amended plan, however, contained a large cul-de-sac with over 40 single family residential lots in violation of the Town’s Subdivision Law and New York State Fire Code, and which presented a safety risk to the proposed residents.  As a result, the Town Board denied the developer’s application for the amended concept plan.  In response, the developer filed an Article 78 Petition in Erie County Supreme Court, alleging the Town Board’s decision was arbitrary and capricious, irrational, and not based on substantial evidence, and asked the Court to overturn the Town Board’s decision and approve the amended concept plan.  After substantial briefing and oral argument, the Court upheld the Town Board’s decision, and agreed the amended concept plan clearly violated Town Subdivision Law and that the Town Board’s determination was sound, rational, and based upon substantial evidence