One hallmark of New York land use litigation is the relatively short statutes of limitations plaintiffs and their counsel must often comply with. For example, New York Town Law § 267-c(1) and Village Law §7-712-c(1) require any person aggrieved by a decision of a zoning board of appeals to apply to the Supreme Court for an Article 78 proceeding within 30 days after the board’s decision was filed in the town clerk’s office. Likewise, […]

Kearsarge Walpole LLC v. Zoning Board of Appeals of Walpole involved a dispute over where a large-scale solar array could be placed in Walpole, Massachusetts. In Kearsarge, a solar developer (Kearsarge), along with Norfolk County Agricultural High School (Norfolk Aggie), and Norfolk County, entered into an agreement to construct a solar facility on the Norfolk Aggie campus, which is located in Walpole’s rural residential zoning district.

Kearsarge applied to the Walpole building commissioner for a building […]