Matter of Hudson River Sloop Clearwater, Inc. v. Town Board of the Town of Coeymans

McCarthy, J.P.

Appeal from a judgment of the Supreme Court (McDonough, J.), entered July 22, 2015 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted certain respondents’ motions to dismiss the petition/complaint.

In March 2014, respondent Town Board of the Town of Coeymans (hereinafter the Town Board) enacted Local Law No. 4, which reclassified the permitted use of nine contiguous parcels from residential-agricultural use to industrial use. In September 2014, petitioners commenced this combined CPLR article 78 proceeding…