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Almor Associates v. Town of Skaneateles

Citations: 231 A.D.2d 863; 647 N.Y.S.2d 316; 1996 N.Y. App. Div. LEXIS 14256

Court: Appellate Division of the Supreme Court of the State of New York; September 27, 1996; New York; State Appellate Court

Narrative Opinion Summary

In this appellate case, the court unanimously reversed the lower court's decision, granting the defendant's motion to dismiss the second amended complaint. The case involves plaintiffs challenging the constitutionality of a 1977 zoning amendment, with the primary legal issue revolving around the applicable Statute of Limitations. The court applied a six-year limitation period for legislative actions like zoning amendments, rendering the first five causes of action time-barred as they were initiated over six years after the amendment's adoption. The plaintiffs' argument for a ten-year limitation, relevant only to adverse possession claims, was deemed inapplicable. The remaining cause of action concerned breach of contract and damages related to the defendant's failure to provide adequate sewer facilities, tied to a 1991 conditional offer for rezoning and construction. However, the court ruled that the defendant, as a municipality, was not legally bound by this offer since it cannot constrain its future legislative powers. Additionally, the plaintiffs' claim of vested rights to construct a shopping center was dismissed due to insufficient evidence beyond the initial phase of the subdivision. The appellate panel included Denman, P.J., Green, Callahan, Doerr, and Davis, J.J., and the decision was rendered in the Supreme Court, Onondaga County.

Legal Issues Addressed

Irrelevance of Ten-Year Statute of Limitations

Application: Plaintiffs' argument for a ten-year Statute of Limitations was rejected because it pertains only to adverse possession claims, which are not applicable in this case.

Reasoning: Plaintiffs argue for a 10-year Statute of Limitations, applicable only to adverse possession claims, which is irrelevant here since there was no physical possession by the defendant.

Municipal Legislative Authority and Contractual Obligations

Application: The defendant municipality was not bound by a 1991 conditional offer regarding rezoning and construction as municipalities cannot limit their future legislative authority.

Reasoning: The defendant was not bound by this offer as municipalities cannot limit their future legislative authority.

Statute of Limitations for Zoning Amendments

Application: The court determined that a six-year Statute of Limitations applies to legislative actions such as zoning amendments, leading to the dismissal of the first five causes of action.

Reasoning: The Supreme Court incorrectly denied the defendant's motion to dismiss, as a six-year Statute of Limitations applies to legislative actions like zoning amendments, as established in prior cases.

Vested Rights in Construction Projects

Application: Plaintiffs did not establish a vested right to construct the entire project or shopping center despite having rights to the first phase of the subdivision.

Reasoning: Plaintiffs’ reliance on a precedent case regarding vested rights to build is inappropriate; while they have a vested right to construct the first phase of a subdivision (31 homes), there is no evidence of a vested right for the entire project or shopping center.