Osiecki v. Town of Huntington

170 A.D.2d 490, 565 N.Y.S.2d 564 (1991)

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Osiecki v. Town of Huntington

New York Supreme Court, Appellate Division
170 A.D.2d 490, 565 N.Y.S.2d 564 (1991)

  • Written by Tanya Munson, JD

Facts

David Osiecki (plaintiff) owned a parcel of land in the town of Huntington (the town) that was zoned for low-density residential use. The town’s master plan designated the entire block that Osiecki’s property was part of for commercial development and, in 1986, the town planning board and the planning department recommended that Osiecki’s parcel be zoned for commercial use. Two nearby parcels to the west were zoned for commercial use, and properties to the south and east of Osiecki’s parcel were zoned for residential use but used as a farm for water district purposes by the town. Another property north of Osiecki’s parcel was zoned for residential use but was used as a town park. Osiecki commenced an action for a judgment declaring the residential zoning of his property invalid as inconsistent with the town’s comprehensive zoning plan or a violation of equal protection of the law in relation to the other commercial zoned property adjacent to it. After a nonjury trial, the court rejected Osiecki’s assertions that the residential zoning of his property was invalid. Osiecki appealed.

Rule of Law

Issue

Holding and Reasoning ()

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