A look at recent rulings of importance.
ZBA May Not Deny Variances For Pre-Existing Structures
Matter of Cinelli Family Limited Partnership v. Scheyer
NYLJ 5/5/08, p. 35, col. 1
AppDiv, Second Dept.
(memorandum opinion)
In landowner's article 78 proceeding to annul variance denials, the zoning board of appeals (ZBA) appealed from Supreme Court's grant of the petition. The Appellate Division affirmed, holding that the ZBA's determination to deny variances for pre-existing structures was contrary to law.
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