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j0401447.jpgIn Matter of MLB, LLC v. Gary Schmidt , MLB challenged the Village of Monticello Planning Board's denial of an application to subdivide an undeveloped parcel of land into three lots in order to construct homes on them.

Neighboring owners opposed the development believing it would exacerbate the area's draining and flooding problems and the Board agreed.

After MLB filed a special proceeding -- pursuant to CPLR Article 78 -- seeking to overturn the Board's denial of the request, the Sullivan County Supreme Court dismissed the case and an appeal ensued.

Although MLB argued the Board gave too much weight to its neighbors' concerns, the Appellate Division, Third Department, found the community's opposition was based on "personal experience and observations" which included reports by "downhill property owners" of street and basement flooding during heavy rains.

It takes a village to stop things from going downhill.

j0285312.gifTo download a copy of the Appellate Division's decision, please use this link: Matter of MLB, LLC v. Gary Schmidt