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This entry was published on 2014-09-22
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Court review
§ 282. Court review. Any person or persons, jointly or severally
aggrieved by any decision of the planning board concerning such plat or
the changing of the zoning regulations of such land, or any officer,
department, board or bureau of the town, may have the decision reviewed
by a special term of the supreme court in the manner provided by article
seventy-eight of the civil practice law and rules provided the
proceeding is commenced within thirty days after the filing of the
decision in the office of the town clerk.

Commencement of the proceeding shall stay proceedings upon the
decision appealed from.

If, upon the hearing, it shall appear to the court that testimony is
necessary for the proper disposition of the matter, it may take evidence
or appoint a referee to take such evidence as it may direct and report
the same to the court with his findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may reverse or
affirm, wholly or partly, or may modify the decision brought up for

Costs shall not be allowed against the planning board, unless it shall
appear to the court that it acted with gross negligence or in bad faith
or with malice in making the decision appealed from.

All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.