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)

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


%d bloggers like this: