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Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Delvecchio v. Collins 178 A.D.3d 1336 AppDiv, Third Dept. (Opinion by Pritzker, J.)
In homeowner's action against neighboring operator of a stone and landscaping supply business, business owner appealed from Supreme Court's denial of its motion for summary judgment on homeowner's claims for nuisance and violation of the town's zoning law. The Appellate Division modified to dismiss the claim for punitive damages, but otherwise affirmed, holding that homeowner's allegations raised question of fact on both of his claims.
Homeowner built his home between 2000 and 2003. In 2001, the neighbor received site plan approval and a use variance to operate a stone and landscaping supply business on his adjacent three-acre parcel. In 2015, homeowner brought this action alleging that in 2005, the neighbor expanded the operation of his business causing excessive dust and noise. The neighbor claimed that the expansion constituted a private nuisance and violated the zoning ordinance because neighbor had expanded the business beyond the area permitted by the use variance. Homeowner also sought punitive damages. Supreme Court denied neighbors' motion to dismiss.
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