Court of Appeals Provides Comfort to Land Use Litigants Through the Relation Back Doctrine
In his Zoning and Land Use column, John Armentano discusses the Court of Appeals decision in ‘Nemeth v. K-Tooling,’ which gives litigants, especially land use litigants, some additional “breathing room” to work with when they fail to name all the parties to an action when they first initiate it.
January 21, 2025 at 08:37 AM
8 minute read
By John C. Armentano
One hallmark of New York land use litigation is the relatively short statutes of limitations plaintiffs and their counsel must often comply with. For example, New York Town Law §267-c(1) and Village Law §7-712-c(1) require any person aggrieved by a decision of a zoning board of appeals to apply to the Supreme Court for an Article 78 proceeding within 30 days after the board’s decision was filed in the town clerk’s office.
Likewise, New York Town Law §274-a(11) and Village Law §7-725-a(11) require any person aggrieved by a planning board’s decision on a site plan application to institute an Article 78 proceeding within the same timeframe.
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