Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Development
ZBA'S Non-Conforming Use Determination Stands
Matter of Jacobson v. Town of Bedford Zoning Board of Appeals
NYLJ 2/23/09, p. 33, col. 1
AppDiv, Second Dept.
(memorandum opinion)
In neighbor's article 78 proceeding challenging a determination that use of real property as a commercial parking lot was a pre-existing non-conforming use, neighbor appealed from the Supreme Court's judgment denying the petition and dismissing the proceeding. The Appellate Division affirmed, deferring to the factual determination made by the zoning board of appeals.
The town zoning ordinance provides that parking for a non-residential use shall not be located an a residential district. Landowner owns a parcel in an R-2A district, which permits residential uses on two-acre lots. Landowner contended that landowner had been using the parcel for parking since before enactment of the current ordinance. The zoning board of appeals agreed, and concluded use of the parcel as a parking lot was a legal pre-existing non-conforming use. Neighbor then brought this article 78 proceeding, and the Supreme Court dismissed.
In affirming, the Appellate Division noted that the determination of the zoning board regarding continuation of a non-conforming use must be sustained so long as it is rational and not illegal or an abuse of discretion. In this case, the court concluded that even if the court itself might have reached a different conclusion, the zoning board's determination was rational.
ZBA'S Non-Conforming Use Determination Stands
Matter of Jacobson v. Town of Bedford Zoning Board of Appeals
NYLJ 2/23/09, p. 33, col. 1
AppDiv, Second Dept.
(memorandum opinion)
In neighbor's article 78 proceeding challenging a determination that use of real property as a commercial parking lot was a pre-existing non-conforming use, neighbor appealed from the Supreme Court's judgment denying the petition and dismissing the proceeding. The Appellate Division affirmed, deferring to the factual determination made by the zoning board of appeals.
The town zoning ordinance provides that parking for a non-residential use shall not be located an a residential district. Landowner owns a parcel in an R-2A district, which permits residential uses on two-acre lots. Landowner contended that landowner had been using the parcel for parking since before enactment of the current ordinance. The zoning board of appeals agreed, and concluded use of the parcel as a parking lot was a legal pre-existing non-conforming use. Neighbor then brought this article 78 proceeding, and the Supreme Court dismissed.
In affirming, the Appellate Division noted that the determination of the zoning board regarding continuation of a non-conforming use must be sustained so long as it is rational and not illegal or an abuse of discretion. In this case, the court concluded that even if the court itself might have reached a different conclusion, the zoning board's determination was rational.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?