Is Enactment of a Moratorium Quasi-Legislative In Nature and Therefore Constitutes a Rule ?

In Mitchell v. Kemp, 176 AD2d 859, the Town of Pine Plains enacted a moratorium regarding zoning as a stopgap method of maintaining the status quo pending the preparation and enactment of a comprehensive zoning ordinance. It renewed it by legislation for almost five years. In Cellular Tel. Co. v. Village of Tarrytown, 209 AD2d 57, lv denied 86 NY2d 701), the Village of Tarrytown enacted a temporary moratorium prohibiting the use of property for the enhancement of cellular telephone service based upon unproven health risk claims. It, too, successively renewed the legislation upon expiration of the initial moratorium. The moratorium in this case has the effect of changing a statutory mandate and was applied in an across-the-board manner. However, unlike the cited cases, it was accomplished by administrative fiat. It is clearly quasi-legislative in nature and therefore constitutes a rule.