An interesting takings case from New York came past my desk this morning.
Developers in Union Vale, New York owned a bunch of land in an area known as East Mountain. In 1986, the developers petitioned to have the land designated an open development area and the Town of Union Vale did so. That enabled subdivision of the land into individual lots serviced by private roads. The first phase of the project (simply labeled East Mountain) was approved in 1987 and went through the state environmental review process (New York's State Environmental Quality Review Act or SEQRA). Finding that the project would result in no significant adverse environmental impacts, the 1987 Town Board issued a Negative Declaration ("Neg Dec").
In 2009, the developers were ready to move on to phase two of their project, development of East Mountain North. Still seeking subdivision into individual lots with private roads. Developers assert that the plan is consistent with the town's master plans and all town codes. The developers and the town then negotiated about the main access road (originally reaching an agreement, but then having the Board change the requirement for curves, unclear if the parties reached a subsequent agreement). In March 2012, the Board then rejected the Developers' application for East Mountain North. The Board passed a resolution rescinding the 1987 Neg Dec.