Section 57-0135. Judicial review  


Latest version.
  • Any  person  aggrieved  by a final determination by any governing body
      acting under this title, may within thirty days from the  date  of  such
      determination  seek judicial review pursuant to article seventy-eight of
      the civil practice law and rules in the supreme  court.  The  commission
      shall  be  a  party  to any such proceeding. In the event that the court
      finds that the determination of  such  governing  body  constitutes  the
      equivalent  of  taking without just compensation, the commission may set
      aside the determination of such  governing  body,  or  if  the  land  so
      regulated  otherwise meets the goals and objectives of this title and if
      the commission or the governing body has sufficient funds therefor,  the
      commission  or  the  governing body may acquire such land or interest in
      lands as have been taken, proceeding under the power of eminent  domain.
      All  issues  in  any  proceeding under the power of eminent domain shall
      have preference over all other civil actions or proceedings.