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Property Law Keyed to Singer
MHANY Management v. County of Nassau
Citation:819 F.3d 581 (2d Cir. 2016)
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 2002, Nassau County faced a budget and infrastructure crisis. In response to the crisis, the County planned to sell its Social Services Site in Garden City for at least $30 million to a private developer. At the County’s request, Garden City began rezoning the site and Garden City’s Board of Trustees created the P-Zone Committee which retained a planning firm, Buckhurst Fish and Jacquemart (BFJ), to provide recommendations. On April 29, 2003, BFJ proposed applying a “multi-family residential group” or “R-M” zoning to the site. The R-M zoning would allow for construction of 311 residential apartments or 75 single family homes. On May 29, 2003, BFJ made a presentation on the report at a public forum. Residents expressed concerns about the 311 apartments. In July 2003, BFJ issued a revised version of the report reiterating a proposal for R-M zoning and emphasizing that the proposal would be careful not to overwhelm or overburden the neighborhoods with adverse environmental impacts. Upon review, the P-Zone Committee adopted BFJ’s recommendations for R-M zoning. On November 20, 2003, the Board of Trustees unanimously accepted the recommendation for rezoning. On January 20, 2004, the Eastern Property Owners’ Association held a meeting at which a Trustee discussed BFJ’s recommendations. A majority of residents made comments wanting to restrict zoning to single-family homes in order to “preserve the single-family character of the Village.” On February 4, 2004, the Village held another public hearing in which residents indicated opposition to multi-family housing. In response, BFJ and Garden City modified the proposal and on May 4, 2004 BFJ proposed rezoning the vast majority of the Site to “Residential-Townhouse” or “R-T” and reserving only 15% of the site to R-M zoning via special permit only. The change move rapidly through the governmental process with a public hearing on May 20, 2004, and a final vote adopting the law on June 3, 2004. The County subsequently began taking bids from private developers for proposals of not less than $30 million. NYHAC/MHANY was unable to submit a bid meeting the zoning and the County’s specifications because it was not financially feasible to build affordable housing under the R-T zoning restrictions.
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