Two Brief Legal Stories

Judge Overturns ZBA Refusal To Hear Neighbors’ Appeal of the Approval of the Code Blue facility

 In June, neighbors of the proposed Code Blue Shelter that was to be constructed at 14 Walworth Street brought an action against the Saratoga Springs Zoning Board of Appeals.  The neighbors had attempted to get the ZBA to reverse its approval for the project but were denied on the basis that their appeal to the ZBA was submitted too late.  The court found for the neighbors who had argued that their attempt to reverse the ZBA decision was done in a timely manner.  According to the Times Union:

 “State Supreme Court Justice Robert J. Chauvin ruled on Oct. 25 that the Zoning Board of Appeals’ refusal to review the project ‘was arbitrary and capricious and not in accordance with either the provisions of Saratoga Springs City Zoning Ordinance nor the provisions of the General City Law.’” 

The story was a bit unclear but it appears that the project is not dead.   The ZBA will have to re-open the process and entertain the appeal by the neighbors.

Court Halts Eminent Domain Action By City Re Bike Trail

 The court has blocked the city’s attempt to seize land from the residential property owners, the village of Ballston Spa, and the Saratoga Spring Water Company.  The city will now have to go to court to make its case for taking the land.

 

One thought on “Two Brief Legal Stories”

  1. I hope charter change supporters take note that these projects are not being held up because of the commission form of government as It’s Time campaign materials inaccurately liked to claim, but by legal actions by citizens. These kinds of disagreements and actions could and will occur no matter what the form of government.

    Liked by 2 people

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