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Zoning Bulletin February 10, 2016 1 Volume 10 1 Issue 3 <br />Farms' land that was within the Village (not including the acreage in the <br />adjacent town) did not peiiuit a project of the scope proposed under the <br />terms of the local zoning regulations. <br />The court also acknowledged that it was true that "a vested right can <br />be acquired when, pursuant to a legally issued [subdivision approval], <br />the landowner demonstrates a commitment to the purpose for which the <br />[approval] was granted by effecting substantial changes and incurring <br />substantial expenses to further the development." The court noted that, <br />critically, here, however, the subdivision approval was not legally <br />granted in the first instance (as the grant was based on the annexation of <br />land, which never occurred, and thus was, from the outset, not in compli- <br />ance with the local regulations) and, thus, Sullivan Farms never had a <br />valid approval from which vested rights could flow. <br />See also: 1066 Land Corp. v. Planning Bd. of Town ofAusterlitz, 218 <br />A.D.2d 887, 630 N. Y.S.2d 389 (3d Dep't 1995). <br />See also: Lamar Advertising of Penn, LLC v. Pitman, 9 A.D.3d 734, <br />780 N.Y..S.2d 233 (3d Dep't 2004). <br />Case Note: <br />In June 2012, Kaufman Farms, LLC ('KF') had also submitted a site plan/ <br />special use application with the Planning Board for a separate residential <br />cluster development, known as `Kaufman Farms East," on nearby property <br />that it owned. KF joined Sullivan Farms as a petitioner in the case. <br />Zoning News from Around the <br />Nation <br />LOUISIANA <br />The New Orleans City Councilman will consider proposed legislation <br />for Affordable Housing Impact Statements. The legislation, modeled af- <br />ter that in the City of Atlanta, was introduced with a goal of bringing <br />"equity to the housing stock in New Orleans." Reportedly, under the <br />proposed policy for New Orleans, Affordable Housing Impact State- <br />ments would be required for any legislation considered by the City <br />Council of New Orleans that is estimated to have an impact on the hous- <br />ing stock of the City of New Orleans—such as federal grant dollars, land <br />use papers, and other types of legislation. The Impact Statements would <br />"center around the numerical impacts in terms of numbers of units <br />estimated to be added or subtracted at different income levels." <br />Source: Atlanta Progressive News; http://atlantaprogressivenew <br />s. com <br />© 2016 Thomson Reuters 11 <br />