Section 7-740. Review of decisions of planning board  


Latest version.
  • Any  officer,
      department, board or bureau of the village, with  the  approval  of  the
      board  of  trustees,  or  any  person  or  persons, jointly or severally
      aggrieved by any decision of the planning board concerning such plat  or
      the  changing  of  the  zoning  regulations  of  such  land, may bring a
      proceeding to review in the manner provided by article seventy-eight  of
      the civil practice law and rules in a court of record on the ground that
      such  decision  is illegal, in whole or in part. Such proceeding must be
      commenced within thirty days after the filing of  the  decision  in  the
      office of the village clerk.
        Commencement  of  the  proceeding  shall  stay  proceedings  upon  the
      decision appealed from.
        If, upon the hearing, it shall appear to the court that  testimony  is
      necessary for the proper disposition of the matter, it may take evidence
      or  appoint  a referee to take such evidence as it may direct and report
      the same to the court with his findings of fact and conclusions of  law,
      which  shall  constitute  a  part  of  the  proceedings  upon  which the
      determination of the court shall be  made.  The  court  may  reverse  or
      affirm,  wholly  or  partly,  or  may modify the decision brought up for
      review.
        Costs shall not be allowed against the planning board, unless it shall
      appear to the court that it acted with gross negligence or in bad  faith
      or with malice in making the decision appealed from.
        All  issues in any proceeding under this section shall have preference
      over all other civil actions and proceedings.