§ 57-0135. Judicial review.
Any person aggrieved by a final determination by any governing body
acting under this article, may within thirty days from the date such determination
seek judicial review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court. The commission shall be a party to
any such proceeding. In the event that the court finds that the determination
of such governing body constitutes the equivalent of taking without just
compensation, the commission may set aside the determination of such governing
body, or if the land so regulated otherwise meets the goals and objectives
of this article and if the commission or the governing body has sufficient
funds therefor, the commission or the governing body may acquire such land
or interest in lands as have been taken, proceeding under the power of
eminent domain. All issues in any proceeding under the power of eminent
domain shall have preference over all other civil actions or proceedings.