Supreme Court Dismisses Article 78 Against Village

February 22, 2022 – The Supreme Court, Suffolk County (Hon. Christopher Modelewski) has upheld a zoning board’s decision and rejected certain neighbors’ Article 78 proceeding in Porges v. Village of Westhampton Beach Zoning Board of Appeals.  The neighbors had commenced the proceeding to seek to annul the zoning board’s decision, which had granted the applicant variances to allow some additions to be built on the waterfront Dune Road property.   The neighbors’ challenge centered around some language in a prior zoning board decision, which the neighbors claimed limited the owner’s ability to seek variances in the future.  The court rejected the neighbors’ claim and found that the zoning board’s decision “was rational and supported by evidence in the record.”