§ 7-740 — Review of decisions of planning board

New York § 7-740

• Jurisdiction: New York
• Law VIL: Village
• Art. 7: Building Zones

Text

§ 7-740 Review of decisions of planning board. Any officer,\ndepartment, board or bureau of the village, with the approval of the\nboard of trustees, or any person or persons, jointly or severally\naggrieved by any decision of the planning board concerning such plat or\nthe changing of the zoning regulations of such land, may bring a\nproceeding to review in the manner provided by article seventy-eight of\nthe civil practice law and rules in a court of record on the ground that\nsuch decision is illegal, in whole or in part. Such proceeding must be\ncommenced within thirty days after the filing of the decision in the\noffice of the village clerk.\n Commencement of the proceeding shall stay proceedings upon the\ndecision appealed from.\n If, upon the hearing, it shall appear to the court that testimony is\nnecessary for the proper disposition of the matter, it may take evidence\nor appoint a referee to take such evidence as it may direct and report\nthe same to the court with his findings of fact and conclusions of law,\nwhich shall constitute a part of the proceedings upon which the\ndetermination of the court shall be made. The court may reverse or\naffirm, wholly or partly, or may modify the decision brought up for\nreview.\n Costs shall not be allowed against the planning board, unless it shall\nappear to the court that it acted with gross negligence or in bad faith\nor with malice in making the decision appealed from.\n All issues in any proceeding under this section shall have preference\nover all other civil actions and proceedings.\n