Posted by: Patricia Salkin | July 14, 2013

NY Appellate Court Upholds Revocation of Previously Issued Special Use Permit Where Conditions Were Not Met

The appellate court noted that a special permit or special exception is “tantamount” to a legislative finding that so long as the conditions are met, the use will not adversely affect the neighborhood and the surrounding areas.  A reviewing court is limited to determining whether the board’s action was illegal, arbitrary and capricious, or an abuse of discretion.  In the present matter, the appeals court agreed with the court below that the determination under review that had revoked a previously issued special use permit due to noncompliance with the stated conditions was rational, and it was not illegal, arbitrary and capricious, nor an abuse of discretion.

Sea Cliff Equities, LLC v Board of Zoning Appeals of the Incorporated Village of Sea Cliff, 2013 WL 1984429 (NYAD 2 Dept. 5/15/2013)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2013/D38247.pdf


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