Standing To Challenge Zoning Resolution; Breach of Contract Action Against Bank: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "New York University v. City of New York," and "724 Management LLC v. Santander Bank."
August 20, 2024 at 12:46 PM
19 minute read
Land Use—Appellate Division Held That New York University Had Standing To Challenge the Legality of a NYC Zoning Resolution Amendment Which Barred University Uses (Classrooms and Dormitories) In the SoHo and NoHo Neighborhoods—Variance Process Was Available But NYU Cited the "Time, Expense and Risk of the Variance Process"—NYU Alleged an "Injury-In-Fact"
A trial court had granted the defendant City of New York's (City) motion to dismiss plaintiff New York University's (NYU) complaint which sought declaratory and injunctive relief on the ground that NYU lacked standing. The Appellate Division ( court) reversed and remanded the matter for further proceedings. A dissenting opinion would have affirmed.
The dispute involved the "legality of (City) Zoning Resolution (ZR), as amended to include…ZR §143-11(a), which provides that university uses (classrooms and dormitories) are not permitted in the rezoned neighborhoods."
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