Castricone Issues Warning about Recent Decision by Judge Francis Nicolai ‘Home Rule, Local Zoning will become a thing of the past if decision is upheld by Appellate Court’


Tuxedo-Calling a recent decision by State Supreme Court Justice Francis Nicolai ‘short sighted, ill-advised and just plain wrong,’ NY Assembly candidate Dan Castricone today warned that local zoning and home rule will become a relic if the Judge’s decision is upheld.

“The Judge basically invalidated the zoning code in the Village of Woodbury, calling it ‘exclusionary,’ because the Village did not give ‘proper regard to local and regional housing needs’ to residents in the neighboring Village of Kiryas Joel,” said Castricone.

“The Judge clearly stated that there was no specific language in the zoning code that excluded anyone from living in the Village,” said Castricone, “only that the Village of Woodbury had failed to account for the housing needs of its neighbors.”

“If the ‘housing needs of neighbors’ that is now decreed the criteria to determine the integrity of local zoning codes, it will essentially invalidate most zoning codes in the county and end home rule as we know it,” said Castricone. “What’s next? Requiring New Windsor to consider the housing needs of Newburgh? Requiring Monroe to consider the housing needs of Warwick farmers?” asked Castricone.

The Village of Woodbury is appealing the decision.

“Let us hope that the Appellate Court overturns the Judge’s ruling,” said Castricone.

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