Matter of WKP, LLC v. Town of Lancaster

Opinion

Matter of WKP, LLC v Town of Lancaster

2026 NY Slip Op 04631

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

IN THE MATTER OF WKP, LLC, OAKRIDGE MFR HOLDINGS, LLC, AND RDNW LLC, PETITIONERS-PLAINTIFFS-RESPONDENTS,

v

TOWN OF LANCASTER, TOWN OF LANCASTER TOWN BOARD, RESPONDENTS-DEFENDANTS-APPELLANTS, ET AL., RESPONDENTS-DEFENDANTS. (APPEAL NO. 2.)

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

433 CA 25-01566

Present: Whalen, P.J., Bannister, Greenwood, Nowak, And Hannah, JJ.

HODGSON RUSS LLP, BUFFALO (JEFFREY C. STRAVINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

BLOCK, LONGO, LAMARCA & BRZEZINSKI, P.C., CLARENCE (MATTHEW T. DUBOIS OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Appeal from an amended order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 23, 2025, in a proceeding pursuant to CPLR article 78 and declaratory judgment action. The amended order, among other things, directed a revote of petitioners-plaintiffs' application for rezoning.

[*1]

It is hereby ORDERED that the amended order so appealed from is unanimously reversed on the law without costs and the ordering paragraphs are vacated.

Same memorandum as in Matter of WKP, LLC v Town of Lancaster ([appeal No. 1] — AD3d — [July 24, 2026] [4th Dept 2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court