In the Matter of Lori Bergami, et al., v. Town Board Of The Town Of Rotterdam, et al., 97 AD3d 1018 (3d Dept 2012)

The firm represented Plaintiffs Lori Bergami and a group of neighboring property owners in a proceeding challenging the rezoning of property in the Town of Rotterdam. The property, located in a transition area between a residential neighborhood and commercial uses on NY Route 7, was rezoned at the request of the owner so that it could be marketed for commercial development. The Appellate Division, Third Department reversed the lower court judgment confirming the rezoning, holding the Town Board failed to take a “hard look” at the potential environmental impacts of future commercial development by improperly deferring an environmental review until a specific project was proposed and application for special use permit was made to the Town Planning Board.