Matter of Woodhull Assoc. v. Board of Trustees of the Inc. Vil. of Northport

In Matter of Woodhull Assoc. v. Board of Trustees of the Inc. Vil. of Northport, (63 AD2d 677 [2d Dept 1978]), the Appellate Division, Second Department, considered a mandatory injunction sought by a property owner, against a village board of trustees, which had reserved the right to approve its planning board's final approval of a subdivision map. Based on Village Law 7-738, that village had enacted a resolution granting its planning board the right to modify zoning regulations on certain hilly lands but reserved for itself the right to review and approve any final subdivision approval rendered by its planning board. In response to the property owner's CPLR article 78 proceeding, the village counterclaimed for declaratory relief that its ordinance was valid and binding. The appellate court, interpreting Village Law 7-738, stated that nothing in that statute permitted the village board of trustees to condition such delegation on its later approval. The Court went on to opine that village board approval of a delegated power is not one of the conditions enumerated in the state law and further held, "[n]or is such a condition a reasonable one" (63 AD2d at 678). Having delegated such authority and required the property owner to go through a multi-year process, culminating in having final planning board approval, such a requirement would, in essence, render the entire effort meaningless according to the Second Department, because the petitioner would be required to start the process over again before an entirely new body. As the Court stated: "The board of trustees should not be permitted to accomplish indirectly what they cannot accomplish directly" (63 AD2d at 679).