If you find yourself in a dispute with a state or local administrative board, agency, or officer in New York State, you may need to take legal action to challenge their determinations. In such cases, Article 78 proceedings under the New York Civil Practice Law and Rules (the “CPLR”) come into play. In this blog, we’ll explain what an Article 78 proceeding is, why you might need one, and what must be established to prevail in such a proceeding. We’ll also discuss the importance of having an attorney represent you throughout the administrative process and during the Article 78 proceeding.
An Article 78 proceeding is a legal mechanism in New York State that allows people to challenge the final decisions or actions of state or local administrative body, agency, or officer. We most often see these proceedings used to challenge local administrative actions or zoning and land use decisions. Importantly, such proceedings may only be brought after the person adversely impacted by the decision exhausts all administrative remedies.
These proceedings are named after Article 78 of the New York State Civil Practice Laws and Rules (the “CPLR”), which governs them. Article 78 proceedings were created by statute to replace the traditional, common law writs of certiorari, mandamus, and prohibition. Relief previously sought through such common law writs are now sought through Article 78 proceedings in New York State.
There are several situations where an Article 78 proceeding may be necessary. For instance:
Engaging the services of an experienced zoning and land use attorney is crucial when dealing with administrative proceedings and Article 78 proceedings. Here’s why:
Article 78 proceedings provide an avenue to challenge the decisions of state and local administrative boards, agencies, and officers in New York State. Understanding the grounds for such proceedings and the importance of legal representation throughout the process is crucial. Retaining an experienced zoning and land use attorney can significantly enhance your chances of success at both the administrative and Article 78 levels, ensuring your rights are protected and your case is effectively presented.
Only persons aggrieved by a state or local administrative actions or decision may challenge the decision in court through an Article 78 proceeding. In such a lawsuit, the Court may annul the challenged decision pursuant to CPLR §7803(3) if it finds that the decision was made “in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion.” Although some Article 78 proceedings are subject to a four-month statute of limitations under CPLR Section 217, certain categories of Article 78 proceedings are subject to a much shorter statute of limitations. For example, many local zoning and land use decisions may be challenged through an Article 78 Proceeding, but must be commenced within 30 days after the filing of the decision in the municipality’s clerk’s office. E.g., Town Law §267-c(1); Town Law §274-b; Town Law §282; Village Law §7-712-c(1); Village Law §7-740. This very short time to challenge a ZBA’s decision is another good reason that applicants, opponents, and administrative boards, agencies, and officers should all be represented by counsel, if practicable. The applications and challenges can move very quickly, and so an experienced attorney can help prepare for these challenges and make sure important deadlines don’t get missed.
If you have questions about Article 78 proceedings, contact an experienced attorney at the Zoghlin Group for help. The Zoghlin Group offers a range of legal services related to Zoning and Land Use Law, including help at the administrative level, prosecuting or defending article 78 proceedings (either from the applicant or the opposition’s side), or acting as special counsel to administrative boards, agencies, and officers in defending against such challenges.
For inquiries related to Municipal Law, Environmental Law, or Zoning and Land Use Law issues, please contact Jacob H. Zoghlin, Esq. or Mindy Zoghlin, Esq. at The Zoghlin Group, PLLC.
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