An appeals court upheld a variance denial by the zoning board of appeals finding that the board’s interpretation of the language in the local zoning ordinance was reasonable, and that its determination had a rational basis and was not arbitrary and capricious. Although the property owners, who desired to erect a wall on their property line, claimed that the board had previously granted similar variances under substantially similar facts and hence had to follow precedent, the Court found that the Board had a rational explanation for reaching a different result.
Olson v Scheyer, 2009 WL 3872249 (N.Y.A.D. 2 Dept. 11/17/2009).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2009/D25069.pdf
Can you tell me whether there are any laws to prevent a neighbor from building a dam on his property line (thus causing water to back up on a neighbor’s property)?
By: Roni Schiffres on December 15, 2009
at 1:31 pm