Golden Sands Dairy LLC v. Town of SaratogaAnnotate this Case
At issue was whether the Building Permit Rule (Rule) extended to land identified in a building permit application as part of a project upon which no actual construction was planned.
Golden Sands Diary, LLC obtained a building permit for seven farm structures. Its building permit application identified the building site as 100 acres and its total acreage as 6,388 acres, on which it sought to operate a farm. After Golden Sands filed its building permit application, the Town of Saratoga enacted a zoning ordinance seeking to prohibit agricultural uses such as those proposed by Golden Sands. Golden Sands argued that the Rule extended to all the land identified in its building permit application, and therefore, it had a vested right to use all of the property for agricultural purposes. The circuit court concluded that the Rule extends to all land identified in a building permit application. The court of appeals reversed, concluding that the Rule applies only to building structures and not to use of land. The Supreme Court reversed, holding (1) the Rule extends to all land specifically identified in a building permit application; and (2) therefore, Golden Sands had a vested right to use all of the property for agricultural purposes.