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February 5, 2008

Appeals Court Rules for Citizens' Coalition Finding Yonkers City Council Had Broken the Law

Yonkers Tribune

The Appellate Division Second Department of the New York State Supreme Court upheld in a decision dated January 29, 2008, the decision of a lower court that held that a majority of the Yonkers City Council had broken the law and denied the public its right to a hearing when it voted on November 22, 2005 to change the number of votes required for approval of the Ridge Hill Development.

Why do we care? Because this is yet another example of how a local government circumvented its own laws for developer Forest City Ratner.

When the Ridge Hill project was after review rejected by the Westchester County Planning Board, Yonkers’ Law mandated a super majority of five Yonkers Councilmembers were needed to approve the project whereas under ordinary circumstances only four votes would have sufficed.

The Appellate Court ruling noted that the Yonkers City Council vote of November 22, 2005 was taken without following several procedural requirements, including a necessary Public Hearing.

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Posted by lumi at February 5, 2008 4:12 AM