Court Dismisses Lawsuit Over Yorktown Recycling Transfer Station Development

A federal judge dismissed a lawsuit brought by a private developer against the Town of Yorktown, ruling that the municipality acted within its legislative authority when it amended its zoning code to eliminate recycling transfer facilities as a permitted use.

On Monday, U.S. District Judge Kenneth M. Karas issued the decision granting the Town’s motion to dismiss the complaint filed by 76 Route 6 Holdings Inc. The developer sought monetary damages, alleging that the Town and several individual officials violated its constitutional rights by blocking its efforts to build a 40,000-square-foot recycling transfer station on Route 6.

“We were confident that the Town Board and our municipal officials acted correctly in protecting our community’s quality of life,” said Supervisor Ed Lachterman. “Judge Karas’ decision validates our process and upholds our municipality’s right to ensure appropriate development.”

The legal battle centered on 76 Route 6 Holdings’ attempt to develop the property as an as-of-right project in an area previously zoned for light industrial use. The Town Board passed a unanimous resolution on October 1, 2024, that removed recycling transfer stations as a primary use from the zoning code, effectively halting the project.

In its complaint, the developer alleged that the Town’s actions were retaliatory and motivated by unlawful animus.

However, Judge Karas found that the developer failed to establish a clear entitlement to the construction project under New York law. The court noted that the project required a discretionary special use permit, meaning the developer did not have a guaranteed property interest protected by the Due Process Clause.

Regarding the individual Town Board members named in the suit, the court ruled they were protected by absolute legislative immunity. Judge Karas determined that the Town Board’s decision to amend the town-wide zoning code was a classic legislative act, regardless of whether a specific application spurred the change.

The court granted the developer 30 days to file an amended complaint to address the legal deficiencies identified in the ruling. If 76 Route 6 Holdings does not file an amended filing within that period, the court will dismiss the lawsuit with prejudice.