Planning board votes to pursue Article 78 over changes to Gun Creek PDD

The Grand Island Planning Board voted unanimously to pursue an Article 78 legal challenge over alleged omissions in the Gun Creek planned development (PDD), after residents and board members said amenities required in earlier plans were not built or were removed from later detailed plans.

Members and some residents said the 2014 concept plan showed walking paths, a pavilion, a gazebo and a pond fountain that were not reflected on a 2016 detailed plan or in subsequent construction. One member said residents bought homes without realizing some amenities had been omitted from later drawings. The board debated whether omitted features were timely to challenge; town counsel cautioned that many claims tied to older approvals could be time‑barred, but identified a narrower set of recent sidewalk/path tradeoffs tied to a $20,000 contribution that might be timely to pursue.

After hearing the legal risks and staff recommendations, a member moved and the board voted to have the town retain counsel and proceed with an Article 78 action focused on the recent plan changes the board found problematic. The board requested that staff compile the 2014 and 2016 plans, punch lists and meeting minutes to support counsel’s review.

Board members framed the vote as protecting the integrity of the PDD process and ensuring that conditions negotiated at approval are honored. The vote was unanimous; the board asked the town board to hire counsel to represent the planning board for the action.