Matter of Dolomite Prods. Co., Inc. v. Town of BallstonMatter of Dolomite Prods. Co., Inc. v. Town of Ballston
In June 2011, petitioner submitted an application to the Town of Ballston Planning Board (hereinafter the Planning Board) for site plan review and an application to respondent Zoning Board of Appeals of the Town of Ballston (hereinafter ZBA) for a height variance so that it could construct and operate a hot mix asphalt plant in the Curtis Industrial Park in
In February 2012, approximately seven months after petitioner submitted its application, the Town Board of Ballston (hereinafter Town Board) began discussing amending the zoning law to “restrict [b]lacktop [p]lants in the future” and “to restrict heavy industry and only have light industry” in the Curtis Industrial Park. While petitioner was in the midst of preparing and revising a draft environmental impact statement,1 the Town Board continued these discussions in a series of public meetings and, ultimately, on September 24, 2013, enacted Local Law No. 3-2013 of the Town of Ballston (hereinafter Local Law No. 3). One of the prohibited uses delineated in Local Law No. 3 was an “[a]sphalt plant” in the Curtis Industrial Park.
Petitioner thereafter commenced a combined
In September 2014, petitioner commenced a combined
Initially, the threshold question of whether respondent is aggrieved by the December 2015 judgment must first be addressed (see Lincoln v Austic, 60 AD2d 487, 490 [1978], lv denied 44 NY2d 644 [1978]).3 Aggrievement is a central but, more importantly, a necessary component to invoke this Court’s jurisdiction (see Tortora v LaVoy, 54 AD2d 1036, 1036 [1976]). In that regard, only an “aggrieved” party may appeal from an order or judgment (
We note that a successful intervenor, such as respondent, becomes a party to the underlying proceeding for all purposes (see Matter of Rent Stabilization Assn. of N.Y. City v New York State Div. of Hous. & Community Renewal, 252 AD2d 111, 116 [1998]). Indeed, “[t]he CPLR does not recognize limited intervention” (id. [internal quotation marks omitted]). Having party status and all attendant rights thereto, however, does not give an intervenor the inherent right to take an appeal (see Matter of Valenson v Kenyon, 80 AD3d 799, 799 [2011];
A party that has received its sought relief is not aggrieved and, therefore, has no basis to take an appeal (see T.D. v New York State Off. of Mental Health, 91 NY2d 860, 862 [1997]; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 544 [1983]; Matter of Hoover v DiNapoli, 75 AD3d 875, 876 [2010]; Matter of Spaziani v City of Oneonta, 302 AD2d 846, 847 [2003]). Stated differently, a party is aggrieved when the court denies, in whole or in part, such party’s requested relief. Likewise, a party is aggrieved when a court grants relief, in whole or in part, against such party and such party had opposed the requested relief (see Mixon v TBV, Inc., 76 AD3d 144, 156-157 [2010]). Aggrievement does not hinge upon a court’s reasons underpinning why relief was granted or denied (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473 [1986]). A party that disagrees with the rationale or findings of a court’s decision, but is nonetheless awarded its sought relief, is not aggrieved (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d at 545-546). “[T]he concept of aggrievement is about whether relief was granted or withheld, and not about the reasons therefor” (Mixon v TBV, Inc., 76 AD3d at 149).
To that end, petitioner argues that because respondent intervened in this proceeding for the sole purpose of seeking to uphold Local Law No. 2 and because Supreme Court did not annul such law, respondent received the relief it requested and, therefore, is not aggrieved by the December 2015 judgment. Respondent counters that it sought dismissal of the petition/complaint in its entirety and did not limit its involvement in proceeding No. 2 to have Local Law No. 2 upheld. We agree with petitioner.
Turning first to whether relief was granted against respondent, we find that the granting of a special facts exception in favor of petitioner does not constitute relief awarded against respondent (see generally id. at 156-157).4 The overarching dispute between petitioner and respondent stems from petition
The fact that Supreme Court determined that petitioner is exempted from the dictates of Local Law No. 2 and that the Planning Board must no longer assess petitioner’s application under such law has no legal bearing upon respondent. While respondent’s overall goal was to prevent the construction of an asphalt plant, we note that the granting of the special facts exception by Supreme Court does not automatically lead to that result. Rather, in the December 2015 judgment, Supreme Court remitted the matter for reconsideration of petitioner’s application. Based upon the record and the judgment before us, petitioner is still waiting to receive a permit to construct the asphalt plant.5 Accordingly, we find that relief was not granted against respondent.
As to respondent’s requested relief, respondent submitted an answer to the petition/complaint in proceeding No. 2 and, as part of its “wherefore” clause, it requested “Dismissing the Complaint-Petition.” It would seem that such a general allegation could define respondent’s request for relief given that petitioner sought the benefit of the special facts exception as part of its petition/complaint. Conversely,
Notwithstanding these countervailing concerns, we need not decide at this juncture whether respondent’s sole allegation in its answer to “Dismiss[ ] the Complaint-Petition” is determina
Counsel stated in her affidavit that the Town and the Town Board could not “adequately protect [respondent’s] substantial interests in upholding [Local Law No. 2]” and that respondent would “face substantial adverse impacts if [petitioner’s] proceeding were to result in the annulment of [Local Law No. 2].” Respondent’s memorandum of law likewise stated that respondent had “a substantial interest in ensuring that [Local Law No. 2] is upheld.” Counsel made similar statements in a reply affidavit and stated therein that respondent was “defending [Local Law No. 2], not ‘attacking the administrative action.‘” Based on these documents, respondent’s purpose in seeking intervention and, more importantly, the relief that respondent wanted, consisted of opposing petitioner’s efforts to annul Local Law No. 2 and to have such law preserved and upheld.
We note that while respondent’s counsel also contended that petitioner was not entitled to a special facts exception, this argument was made only in the context of the competing requests by petitioner and respondent for a preliminary injunction. Specifically, respondent sought a preliminary injunction to stay the consideration of petitioner’s application by the Planning Board pending the resolution of proceeding No. 2 and petitioner sought a preliminary injunction against the Town and the Town Board to prevent them from enforcing Local Law No. 2. Even though petitioner’s request for a preliminary injunction was directed towards the Town and the Town Board, respondent nonetheless argued that, because the special facts exception was inapplicable, petitioner failed to demonstrate a likelihood of success on the merits of the petition/complaint.
Whether a preliminary injunction was granted, however, was merely ancillary to respondent’s primary concern of having Local Law No. 2 upheld. In other words, respondent’s purpose for intervening was not to permanently restrain the Planning Board from considering petitioner’s application. Rather, seeking a preliminary injunction was temporary relief directed at maintaining the status quo while the parties litigated the va
In sum, because relief was not granted against respondent and because respondent received its requested relief in the form of having Local Law No. 2 upheld, it is not aggrieved by the December 2015 judgment (see T.D. v New York State Off. of Mental Health, 91 NY2d at 862; Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d at 544-545; Matter of Civil Serv. Empls. Assn., Local 1000, AFSCME, AFL-CIO [State of New York], 273 AD2d 668, 672 [2000]; Dumais v Spross, 163 AD2d 725, 725 [1990]; see generally Mixon v TBV, Inc., 76 AD3d at 156-157). Accordingly, respondent’s appeal must be dismissed.
Finally, petitioner also received its requested relief and is likewise not aggrieved by the December 2015 judgment. As such, its cross appeal is dismissed (see Matter of Village Green Hollow, LLC v Assessor of the Town of Mamakating, 145 AD3d 1134, 1135 n 2 [2016]; Matter of D’Agostino v DiNapoli, 70 AD3d 1285, 1286 [2010]). Petitioner’s alternative contention for affirming the December 2015 judgment that the matter must be remitted in order for Supreme Court to determine the validity of Local Law No. 2 in the event that we concluded that it was not entitled to the special facts exception has been rendered academic in light of our disposition (see McCormick v Bechtol, 68 AD3d 1376, 1378 n 2 [2009], lv denied 15 NY3d 701 [2010], cert denied 562 US 1063 [2010]).
Peters, P.J., Garry, Devine and Mulvey, JJ., concur.
Ordered that the appeal and cross appeal are dismissed, without costs.