Development

In neighbor's article 78 proceeding challenging the ZBA's determination that landowner's nonconforming use had not been abandoned, neighbor appealed from Supreme Court's dismissal of the proceeding. The Appellate Division affirmed, holding that the challenge was ripe, but that neighbor lacked standing.

Landowner's former tenant had operated a gasoline station on the subject property until February 2016, when the former tenant removed the gasoline tanks and vacated the premises. The following month, landlord relet the property to current tenant for use as a gasolines station and convenience store. Current tenant filed an application for a building permit, and then, in September 2017, filed an application for an interpretation, seeking a determination that the nonconforming use of the property as a gasoline station had not been abandoned. The ZBA determined that the nonconforming use had not been abandoned. In February 2018, neighbor, who owns property abutting the subject property, brought an article 78 proceeding challenging the ZBA's determination. Supreme Court denied the petition and dismissed the proceeding, holding that the proceeding was not ripe because tenant's land use application was still pending before the Village Board of Trustees. Neighbor appealed.