Posted by: Patricia Salkin | July 21, 2012

NY Appellate Court Upholds Zoning Board’s Refusal to Grant Nonconforming Use Status Following Petitioner’s Action to Impermissibly Change the Land Use

After petitioner changed the use of the subject premises from residential to both residential and commercial by fencing off a garage and permitting it to be used as an accessory structure by a business conducted in an adjacent parcel, the zoning board denied his petition to establish a nonconforming use on the subject premises.  The appellate court upheld the denial since a rational basis supported the determination that the land was impermissibly changed by the petitioner.

Prel 32 Realty, LLC v. Richard I. Scheyer, 2012 WL 2125876 (N.Y. A. D.  2 Dept.  6/13/2012)


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