Under well-established New York law, challenges to a local government’s zoning determinations may only be made by an “aggrieved” party.1 That requires that the party seeking judicial review demonstrate that it had been adversely affected by the changes to the zoning law; put differently, such a party must demonstrate that it had sustained special damage, different in kind and degree from the community in general. The harmful effect on petitioners must be “direct injury different from that suffered by the public at large.”2 In other words, to establish standing in a CPLR article 78 proceeding, a petitioner must demonstrate “that the administrative action will in fact have a harmful effect on the petitioner and that the interest asserted is arguably within the zone of interest to be protected by the statute.”3
As stated by the Appellate Division, Second Department, almost a decade ago, “Where a claim of standing is based upon the adverse impact of challenged administrative action, a petitioner must show that he or she will suffer a harm that is in some way different from that suffered by the public at large and that the alleged injury falls within the zone of interest sought to be promoted or protected by the statute under which the government agency hasacted.”4
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
