November 2009.  Partner Michael G. Kruzynski obtained an order from the Appellate Division, Second Department annulling the determination of the Central Pine Barrens Joint Planning and Policy Commission denying any allocation of Pine Barrens Credits to a parcel of real property owned by Lewis Johs’ clients.  The Pine Barrens Credit Program provides for the allocation of Pine Barrens Credits – transferable development rights – to owners of property located in the core preservation area, an area of the Central Pine Barrens in which development is generally prohibited by the Long Island Pine Barrens Protection Act, in exchange for the placement of a permanent conservation easement on the property.  The holder of Pine Barrens Credits may redeem, sell, or transfer the credits.

In annulling the determination and remitting the matter for a determination of the proper number of credits to be allocated to the property, the Appellate Division found that the Commission’s determination was affected by an error of law, arbitrary and capricious, an abuse of discretion, and irrational, in several respects.