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Vested Rights to Develop Industrial Project Upheld by Appellate Division

Couch White attorneys Adam Schultz and Jennifer Harvey successfully defended an appeal of a lower court decision granting Dolomite Stone Products, Inc. vested rights to develop an industrial project notwithstanding the Town of Ballston’s attempt to zone out the project in 2013 and again in 2014.  The lower court granted Dolomite vested rights based on the Town’s bad-faith acts in targeting the Dolomite project.

The Appellate Division upheld the decision based upon the novel argument that the citizen group intervenors were not aggrieved by the lower court decision and were therefore precluded from bringing the appeal.  This complicated fact pattern is best understood by reading the decision.  For further information about this significant decision, please contact Alita Giuda.