[Hvcatskillcewg] FW: NY Court of Appeals upholds open space requirement

[David Diaz]

Interesting news!
 

David M. Diaz
Conservation Easement Manager
Scenic Hudson, Inc.
Tel: 845 473 4440 x223
Fax: 845 473 2648
ddiaz at scenichudson.org 
Your Valley. Your Voice. Your Future.
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From: Seth McKee [mailto:smckee at scenichudson.org] 
Sent: Monday, November 19, 2007 2:06 PM
To: 'David Diaz'; 'Michael Knutson'; 'Cari Watkins-Bates'; 'Maryanne
McGovern'; 'Matt Shipkey'
Subject: FW: NY Court of Appeals upholds open space requirement



FYI

 


http://www.midhudsonnews.com/News/Wapp_opsp_appeal-16Nov07.html

Wappinger prevails in open space suit appeal


Wappinger - The state Court of Appeals has ruled in the Town of Wappinger's
favor in a land use case involving the construction of a house on lands
required to be maintained as open space by condition of a subdivision made
40 years ago.

"This four-year-old nightmare for our town is finally over," said Town
Supervisor Joseph Ruggiero. He said the court ruling is "a victory" for all
towns and cities in the state. 

"The rule of law matters when it comes to enforcing our zoning code and
planning process. We have validated the right of all municipalities to
enforce lad use regulations," he said.

Ruggiero said the house that was built on that land in contravention of the
open space condition is illegal. "How we proceed going forward will be
guided by that determination," he said.

 

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