Following a hearing, the zoning board of appeals denied requested area variances and the petitioner appeals. The trial court dismissed the proceeding and the petitioner moved to reargue alleging that the trial court failed to make a determination as to whether the board properly applied the required statutory balancing test. The appellate court held upon reargument that the trial court did properly adhere to its original determination and that the zoning board had properly engaged in the required balancing test and that the board’s determination had a rational basis and not arbitrary or capricious.
Jada Developers, LLC v Zoning Board of Appeals of Wallkill, 918 N.Y.S.2d 374 (A.D. 2 Dept. 3/8/2011).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2011/D30356.pdf
