Elwood Investors Co. v. Behme

Is the 30-day limitation upon the commencement of a proceeding to review a town planning board determination (Town Law, § 282) tolled by the board’s refusal to disclose to the applicant the reasons for its action 1 The question is directly posed in this article 78 proceeding in which it is alleged that the respondent Brookhaven Town Planning Board (the board) disapproved petitioner’s preliminary plat and rejected the “ diligent inquiries ” made to it seeking the causes for the adverse determination. For its defense, the board relies primarily upon the allegedly untimely commencement of the…