Panetta v. City of Rye

In a proceeding pursuant to CPLR article 78, inter alia, to review a resolution of the Planning Commission of the City of Rye, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Colangelo, J.), dated September 12, 2011, which, upon severing the cause of action alleging a regulatory taking, denied the remaining portions of the petition and dismissed the remaining portions of the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner commenced this proceeding challenging Resolution 05-2010 of the City of Rye Planning Commission (hereinafter the…