Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Development

By ljnstaff
December 01, 2017

Court Upholds Conditions Imposed on Zoning Variance
Matter of Bonefish Grill, LLC v. Zoning Board of Appeals
NYLJ 9/29/17, p. 26, col.3
AppDiv, Second Dept.
(memorandum opinion)

In restaurant owner's article 78 proceeding challenging conditions imposed on a zoning variance, the zoning board of appeals (ZBA) appealed from Supreme Court's grant of the petition annulling the conditions. The Appellate Division reversed and denied the petition, holding that the conditions were directly related to the proposed restaurant use and were designed to protect neighboring properties.

Restaurant owner planned to demolish the existing building on a leased parcel to build a 5400-square -foot restaurant. The zoning ordinance would have required 54 off-street parking spaces, which the parcel could not accommodate. Restaurant owner then proposed to merge the lot with an adjacent one to take advantage of a provision of the zoning ordinance exempting restaurants from off-street parking requirements whenever the restaurant abuts a municipal parking field. The adjacent lot abuts a municipal field. Restaurant owner then obtained a building permit, and when the restaurant was substantially completed, the building department discovered that the lot merger had never been completed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • 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

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

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.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

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.

The Article 8 Opt In Image

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.

Removing Restrictive Covenants In New York Image

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?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.