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Article 78 Proceeding is one in which an Administrative determination is reviewed by a Justice of the Supreme Court to see if it meets judicial standards. Usually, the basis of most reviews is whether a Zoning Board of Appeals has issued a decision that is “arbitrary and capricious” which means that it simply makes no sense. If the court finds that this was the case in an Article 78 Proceeding, it will overturn the Board’s decision and grant the variance.

In Article 78 Proceedings, the statute of limitations is surprisingly short, so it is very important to act very quickly when hiring a lawyer once your administrative review has been denied. You only have 45 days to file your law suit in Supreme Court and that’s not a lot of time to hire an attorney and get the suit underway.

The Law Team has a number of experienced civil attorneys who are aware of the statute of limitations and have the needed staff to get an Article 78 underway in that short period of time. However, it is usually best to use the same lawyer for your zoning matter as for the Article 78 proceeding because then the lawyer already knows the case and has all of the needed research already done. That way, he or she doesn’t have to start fresh and do all of the leg work needed to prepare such a suit in such a short period of time.

On the other hand, our experienced attorneys can undertake such a law suit and accomplish what needs to be done in the shortened time available. So contact us by completing the Contact form or email us at intake@thelawteam.com and we’ll immediately schedule a meeting to review your case, advise you accordingly and send you to the very best civil lawyer in that field.

 

 
     
 

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