Posted by: Patricia Salkin | November 25, 2010

NY Appellate Court Remands Variance Case As Lower Court Errs in Decision

Filipowski challenged the zoning board’s denial of areas variances, which was dismissed by the trial court on the grounds that the claim was barred by res judicata and collateral estoppel.  The appeals court remanded the matter because the trial court failed to determine whether the ZBA applied the proper review and reasoning in making its decision.  The Court noted that the ZBA did not cite res judicata or collateral estoppel as a reason for the denials of the variances, and that  judicial review of an administrative determination is limited to the grounds invoked by the agency in making its decision.  In other words, a reviewing court may not substitute its belief as to how the board should have acted in order to achieve the desired result.


Filipowski v. Zoning Board of Appeals of Village of Greenwood Lake, 2010 WL 4118360 (N.Y.A.D. 2 Dept. 10/19/2010)


The opinion can be accessed at:

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