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Applying Res Judicata Principles to Zoning Applications

By ALM Staff | Law Journal Newsletters |
February 26, 2009

In two recent cases, the Second Department has dealt with a recurring problem in zoning law: What constraint does precedent place on the decision-making authority of a zoning board of appeals? More particularly, what obligations does a zoning board of appeals (ZBA) have when a landowner applies for a variance or special permit that is substantially similar to a variance or permit the ZBA has previously denied? Matter of Calapai v. Zoning Board of Appeals (NYLJ 1/12/09, p. 33., col. 5) and Matter of Lucas v. Board of Appeals (NYLJ 12/29/08, p. 29., col. 1) shed light on this question.

Res Judicata

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