Posted by: Patricia Salkin | April 12, 2013

NY Appellate Court Upholds Zoning Board Determination that Racing Pigeons and a Coop For 40 Pigeons Are Not an Accessory Use

The Village zoning board of appeals determined that the petitioners proposed use of a coop in his backyard for the housing of about 40 racing pigeons did not qualify as “a reasonable number of household pets,” under the applicable zoning code. In reaching this determination, the board considered evidence as to how the birds would be trained, bred and handled.  They also weighed evidence that the household children would not be able to handle the expensive racing birds, and that when the birds got old or ill, they would be sold or destroyed.  Based on this evidence, the appellate court upheld the dismissal below noting that the board’s determination was neither unreasonable nor irrational.

La Russo v Neuringer, 2013 WL 1318816 (N.Y.A.D. 2 Dept. 4/3/2013)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D37812.pdf


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