Posted by: Patricia Salkin | July 5, 2009

Special Use Permit for Home Occupation Properly Denied

A denial by the zoning board of appeals for a special use permit to allow the applicant to maintain a home business was not arbitrary and capricious nor contrary to law since the board rationally determined that the Petitioner did not meet the requirement of the Town Code that he reside on the subject premises.

Weber v. Baranello, 2009 WL 1694496 (N.Y.A.D. 2 Dept. 6/16/2009)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_05148.htm

Editor’s Note: On January 12, 2010 the New York Court of Appeals reversed and remanded the case to the Appellate Division. See, http://www.nycourts.gov/ctapps/decisions/2010/jan10/SSM51ent10.pdf


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