CMM not only represents businesses and individuals, but is also well known for providing superior legal services to towns, villages, school districts, cities, and counties. Our litigation team recently demonstrated their strength in advocating for municipal clients by securing a victory for a Suffolk County Village in a contested land use matter.

The owners of a parcel of land located in the Village had requested a variance to divide their property in two to build another single-family house on the newly created second lot. The Village denied the variance request, citing the minimum required lot area per home pursuant to the local zoning district. Unhappy with the decision, the property owners filed an Article 78 petition (essentially, a legal challenge to the activities of an administrative agency or municipality) with the court, accusing our client of denying zoning variances in an “arbitrary, capricious and prejudicial” manner “contrary to the evidence presented” by the property owner and without substantial evidence to back the decision.

CMM strongly opposed the petition, arguing that the Village was well within its right to deny a variance that adversely impacted the physical and/or environmental conditions of the neighborhood as well as to preserve and protect the neighborhood’s character and the health, safety, and welfare of its residents.

Due to the hard work, diligence, and knowledge of the zoning laws by Senior Partner Scott Middleton and Associate Richard DeMaio, CMM successfully obtained a court order denying the petition and upholding the Village’s decision. Learn more about how we help municipalities here.