If a development threatens the character of your neighborhood, the value of your property, or the integrity of a local landmark, the land use lawyers at Hiller, PC want to help. We limit our land use practice exclusively to representing neighborhoods and communities against developers.
One of the ways we stop harmful developments is through New York Article 78 administrative appeals.
What Is an Article 78 Administrative Appeal?
A New York Article 78 administrative appeal is the legal procedure for obtaining court review of the actions and determinations of state and local government officers and bodies (e.g., the zoning board of appeal or planning board) and other public and quasi-public entities.
In an Article 78 proceeding, the petitioners file papers (a petition, affidavits, and arguments) with the court explaining why the government body’s land use decision was improper and should be reversed. The papers are served on the opposing parties, who have an opportunity to submit their own papers supporting the decision.
The court has the authority to overturn the decision of the government body if:
- The body violated its own rules or did not have the authority to make the decision.
- The decision was based on a legal error.
- The decision was arbitrary and capricious, meaning it was without reason or a basis in fact.
- The decision was not supported by substantial evidence.
The court may decide the case based on the papers or after a trial if facts are disputed. Rather than leave a decision to the court, the parties may negotiate a settlement of the case.
Who May Bring a New York Article 78 Administrative Appeal?
To bring an Article 78 proceeding, you must have suffered harm from the determination of the public body, but you need not have been a party to the original proceedings nor a person entitled to notice or the opportunity to be heard in the original proceedings.
We have successfully represented property owners, preservationists, and community organizations throughout New York’s five boroughs in Article 78 proceedings. In one of our notable Article 78 victories, we represented a large group of east side residents that opposed the Metropolitan Museum of Art’s expansion plans. The Met intended to expand into Central Park’s green space and eliminate the well-known 5th Avenue Fountains. Ultimately, we persuaded the Met to agree to curtail its expansion plans and preserve the Fountains.
Deadline for Bringing an Article 78 Appeal
As a general rule, an Article 78 proceeding must be filed within four months after the decision sought to be reviewed. In some cases, the time may be even shorter. Therefore, it’s very important to seek legal counsel quickly.
Save Your Community from Destructive Development; Contact Hiller, PC
At HPC, we are devoted to preserving neighborhoods and protecting communities. We offer the superb quality work of the big firms with the personal attention of a boutique firm. If you are concerned about a development project in your area, call us today at (212) 319-4000 for a consultation.