DANIEL FELDMAN V TOWN OF ROCHESTER ET AL
Full Case (PDF)
J&G Attorneys John C.Cappello and Kara J. Cavallo, Esq. received a favorable decision in the appeal from an Article 78 proceeding. The court affirmed the trial court’s judgment finding that the appellant’s zoning-law claims were barred by the doctrines of res judicata and collateral estoppel. The court found the same claims had previously been raised with respect to our client’s (the respondent) application for a special use permit. In the first action, the court found in our client’s favor on the appellant’s zoning-law claims, but remanded to the planning board for review of SEQRA compliance. The appellant did not appeal that decision. After the SEQRA issues were resolved, appellant attempted to bring the same zoning-law claims that had previously been decided against him (from which he had not appealed). Trial court found these were barred by res judicata and collateral estoppel, because the zoning issues were either raised, or could have been raised, in the prior proceeding, and additionally because the only changes to the site plan actually reduced its scope, and thus would not affect the prior decision with respect to the zoning claims. Appellate Division, Third Department affirmed that decision.