Morgenstern v. Town of Rye

The plaintiff, Thomas Morgenstern, appeals orders of the Superior Court (Murphy, J.) declaring section 601 of the Rye Zoning Ordinance valid on its face and as applied to his property. The plaintiff also appeals the court’s order upholding the Town of Rye Zoning Board of Adjustment’s (ZBA) decision not to hear his revised application for approval to build a house on his lot. The defendant, Town of Rye (town), cross-appeals, arguing that the plaintiffs action should have been dismissed because the plaintiff failed to timely appeal adverse decisions of the ZBA. We vacate and remand.

In September…