Matter of WKP, LLC v Town of Lancaster

Holding The court modified the lower court’s order by dismissing the mandamus and time-barred Article 78 claims, but vacated the directive compelling the Town Board to revote because declaratory judgment cannot compel specific performance. Consequently, the subsequent order directing a second revote was reversed as it was predicated on the invalid initial directive.

The court’s words

mandamus to compel does not lie in this case

2026 NY Slip Op 04630, at the official text

the court erred in denying the motion as to that cause of action because it is time-barred

2026 NY Slip Op 04630, at the official text

Declaratory relief cannot be executed upon so as to compel a party to perform an act

2026 NY Slip Op 04630, at the official text

the order in appeal No. 1 compelled respondents to perform an act

2026 NY Slip Op 04630, at the official text

we reverse the amended order and deny petitioners' application

2026 NY Slip Op 04630, at the official text