Fisher v. Town of Marlboro

This is a zoning matter. It has had an unfortunate procedural history, with changes in the law interjecting themselves. The matter started before the local zoning administrator. This official determined that the plaintiffs’ application constituted a subdivision proposal, and the application was therefore referred to the planning commission. Such an application required further documentation, surveys and plans. Rather than pursue this route, plaintiffs abandoned proceedings before the planning commission and entered a declaratory judgment action before the then county court.

In that proceeding,…