Keane & Beane Successfully Defends Town in Lawsuit Over Enforcement of Zoning Restrictions Against Gun Range

Richard L. O’Rourke and Jennifer L. Gray successfully secured the dismissal of an action brought against the Town of Catskill Zoning Board of Appeals (“ZBA”) and the Town’s Code Enforcement Officer (“CEO”). The dispute involved the operation of a gun range on a portion of the former Catskill Game Farm in Greene County, New York.  Responding to complaints, the CEO discovered the gun range was being operated beyond the scope of the allowed uses for the property in that it was being used for professional law enforcement training and weapons certification, rather than for recreational purposes only.  The owner/operator appealed the CEO’s determination to the ZBA and the ZBA affirmed the determination.  Litigation ensued.  Petitioner/Plaintiff argued that the Planning Board’s prior approval of a gun range included an authorization for professional law enforcement activity.  On behalf of the Town Keane & Beane argued that, even if that were the case, the Zoning Code does not permit such activities. Neither the Planning Board, nor the CEO can authorize a use that is not permitted by the Zoning Code.  In a Decision & Order, dated May 14, 2020, by Hon. Raymond J. Elliott, III, J.S.C., the case was dismissed in its entirety.  In dismissing the case and denying Petitioner/Plaintiff’s request for discovery, the Court relied heavily on K&B’s argument that the Town cannot be estopped from enforcing the its Zoning Code merely because of an allegedly erroneous earlier determination.