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Article 78

Duanesburg adopts solar moratium

January 10, 2020 by l

  “The Town Board has adopted a six-month moratorium on large-scale commercial solar energy development to give town officials time to consider whether changes are needed to the solar law it adopted in 2016. The unanimous action, taken at a Town Board meeting Thursday, comes amid opposition to two five-megawatt solar arrays proposed by Eden … [Read more…]

Posted in: Duanesburg, Duanesburg News, Eden Renewables, Oak Hill Solar, Solar Laws Tagged: Article 78, Duanesburg, Eden Renewables, moratorium, Oak Hill, Roger Tidball, solar

Town of Duanesburg delays vote on PILOT solar deal as questions percolate

December 30, 2019 by l

  “Critics of a proposed solar farm have been granted a two-week reprieve to study a proposed payment-in-lieu-of-taxes agreement to be executed with the developer. The town board voted on Thursday to postpone a vote on the deal until Jan. 9 after getting an earful from local residents contending the project will harm their property … [Read more…]

Posted in: Duanesburg, Duanesburg News, Eden Renewables, Oak Hill Solar, Solar, Whiteman Osterman and Hanna Tagged: Article 78, Daily Gazette, Eden Renewables, Giovanni Maruca, Harry Lopes, lawsuit, Oak Hill Solar, Payment in Lieu of Taxes, Richard Murray, Roger Tidball, stormwater, Terresa Bakner, Whiteman Osterman Hanna

Article 78: Proceeding Against Body or Officer

September 21, 2019 by l

  “Relief previously obtained by writs of certiorari to review, mandamus or prohibition shall be obtained in a proceeding under this article. Wherever in any statute reference is made to a writ or order of certiorari, mandamus or prohibition, such reference shall, so far as applicable, be deemed to refer to the proceeding authorized by … [Read more…]

Posted in: Legistlation Tagged: Article 78, consolidated law, laws, lawsuit

Resolution: Oak Hill Solar

September 20, 2019 by l

“TOWN OF DUANESBURG PLANNING BOARD RESOLUTION APPROVING SPECIAL USE PERMIT, SUBDIVISION AND SITE PLAN FOR THE EOEN RENEWABlES OAK HILL SOLAR ENERGY PROJECTS -1206 OAK HILL ROAD Date: September 19. 2019 2019″ WHEREAS, on or about May 7.2018, Eden Renewables (“Eden Renewables” or the “Applicant”) applieat6″iK”e Duanesburg Planning Board (“Planning Board”) for a Special Use … [Read more…]

Posted in: Duanesburg, Duanesburg News, Eden Renewables, Whiteman Osterman and Hanna Tagged: Article 78, Eden Renewables, legislation, Oak Hill Solar, planning board, Whiteman Osterman Hanna

2012 New York Consolidated Laws CVP – Civil Practice Law & Rules Article 78 – (7801 – 7806) PROCEEDING AGAINST BODY OR OFFICER 7804 – Procedure.

January 1, 2019 by l

  “”   read the entire article   Justia US Law   Article 78 Procedure

Posted in: Legistlation Tagged: Article 78

Miner v. Town of Duanesburg Planning Board

October 23, 2012 by l

  “In the Matter of William B. MINER et al., Appellants, v. TOWN OF DUANESBURG PLANNING BOARD et al., Respondents. David A. Giacalone, Schenectady, for appellants. Segel, Goldman, Mazzotta & Siegel, PC, Schenectady (Jeffrey A. Siegel of counsel), for Town of Duanesburg Planning Board, respondent.”   read the entire article   Case Text 23 October … [Read more…]

Posted in: Duanesburg News Tagged: Article 78, lawsuit, Long Oil Heating Inc, planning board, William B Miner

Challenge to Special Permit Barred By Laches

September 3, 2012 by l

  “The Appellate Division dismissed a challenge to a special permit, when the petitioner delayed bringing an Article 78 proceeding while the recipient of the special permit continued with construction. in Matter of Miner v. Town of Duanesburg Planning Board, The Court held: “Petitioners were present and spoke at the March 2011 Planning Board meeting … [Read more…]

Posted in: Duanesburg News Tagged: Article 78, lawsuit, Long Oil Heating Inc, planning board, William B Miner

Miner v Town of Duanesburg Planning Board Bench Decision

December 31, 2011 by l

  “”   read the entire article   Found on a blog 2011    

Posted in: Duanesburg News Tagged: Article 78, lawsuit, Long Oil Heating Inc, Miner

Op-ed column: Propane tank ruling creates nightmare for Duanesburg couple

July 31, 2011 by l

  “Bill and Cyndi Miner got a skewed lesson in vocabulary and civics from the town of Duanesburg Planning Board this spring (Sunday Gazette, B2, June 12, 2011). They learned that “retail store” means an immense propane storage tank and that the covenant of trust created by a town with its residents through zoning means … [Read more…]

Posted in: Duanesburg News Tagged: Article 78, court, Cyndi Miner, lawsuit, Long Energy, planning board, William B Miner

Statutes of Limitations In Zoning Referral Cases

January 26, 2011 by l

  “Third Department’s View The Third Department has taken a difference view of the issue. For example, in Stankavich v. Town of Duanesburg Planning Bd., 7 the planning board of the upstate Town of Duanesburg granted a special use permit to Southwestern Bell Mobile Systems, doing business as Cellular One, which allowed it to construct … [Read more…]

Posted in: Duanesburg News, Legal Tagged: Article 78, Cellular One, New York Law Journal, planning board, Southwestern Bell Mobile Systems, Stankavich, Supreme Court
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