Posted by: Patricia Salkin | October 18, 2008

Spot Zoning Allegation Deemed Academic in Light of Subsequent Town-Wide Rezoning

The allegation that the adoption of a zoning amendment in 2005 constituted spot zoning was deemed academic in light of the fact that in 2007 a town-wide revision to the zoning was adopted , rezoning the property at issue. Furthermore, the granting of area variances by the zoning board was not improper.  Although the Plaintiffs alleged that the board did not adequately address the factors set forth in Town Law sec. 267-b, the Court found the allegations conclusory and unsupported by the record.

                               

Santora v. Town of Poughkeepsie, 2008 WL 4594992 (N.Y.A.D. 2 Dept. 10/14/2008).

 

The decision is available at: http://www.nycourts.gov/reporter/3dseries/2008/2008_07921.htm


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