NY Appellate Court Affirms Dismissal of Challenge to Town Board’s Historic Preservation Determination
This post was authored by Tyler Doan, Esq.
Petitioner, the owner of a historic theater, with an adjacent property owner, challenged the Town of Hempstead Town Board’s determination of the Petitioner’s theater as a historic landmark. The Supreme Court denied and dismissed portions of the petition and proceedings which were pursuant to CPLR Article 78. The petitioners appealed. The Appellate Division of the Second Department affirmed the Supreme Court’s decision.
The Petitioners challenged the Town Board’s determination on three grounds. First, the Petitioners stated that the determination must be set aside because the Town Board failed to call a public
