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Private Actions to Enforce Zoning Violations

By Stewart E. Sterk
November 30, 2015

When does a neighboring landowner have standing to bring a private action to enjoin a zoning violation? That question reaches the New York courts with some frequency, and although the recent trend is to liberalize standing requirements, the answer is not entirely free from uncertainty. The Second Department was faced with one aspect of the issue most recently in Greens at Half Hollow Home Owners Association, Inc. v. Greens Golf Club LLC, where the court upheld neighbor standing.

Town Law Section 268(2)

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