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Jonathan E. Hansen Successfully Challenges Municipal Approval of Commercial Development

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Attorney Jonathan E. Hansen represents property owners in a local town. His clients live in close proximity to a proposed commercial development which had been municipally approved several years ago.  The approved plan was never built, however, and more recently the land developer sought to proceed with a new site plan based on the prior municipal approval.  The municipal planning board permitted the new site plan to proceed under the prior approval, despite the fact that the new plan violated the local zoning law.  Mr. Hansen filed an Article 78 Proceeding on behalf of his clients, seeking to annul the planning board’s approval of the new site plan and prevent the commercial development from being built. 

The Court granted Mr. Hansen’s Petition to the extent that it found the approvals for the original site plan had expired and that the land developer had not acquired vested rights in the prior approvals.  As such, the planning board resolutions which permitted the new site plan to proceed were annulled and vacated.  This result protected the property rights of Mr. Hansen’s clients by ensuring that a proposed commercial development which violated the local zoning law could not be built in close proximity to their home.

About Jonathan E. Hansen

Jonathan E. Hansen is Counsel at Carter Conboy.  He represents individuals, businesses, and the professions in matters involving appellate law, professional liability, product liability, personal and premise liability, construction and labor law, environmental law, and funeral law. Jon’s practice includes all aspects of litigation before state, federal and appellate courts throughout the State of New York, as well as before administrative agencies and in mediation and arbitration matters. He can be reached at (518) 810-0504 and jhansen@carterconboy.com

About Carter Conboy

Named a 'Best Law Firm' by U.S. News & World ReportCarter Conboy delivers a deep bench and a diversified practice to a legacy that spans nearly a century.  Carter Conboy is a full-service law firm providing a broad range of legal services to businesses, corporations, government, professionals, and individuals in 20 industries and 40 specialized service areas.  For more information about the firm and our legal services, visit carterconboy.com.