Posted by: Patricia Salkin | July 9, 2014

NY Appellate Court Upholds ZBA’s Determination Regarding Building Inspector’s Finding that Retail Use was Pre-Existing on Subject Property

The appellate court found that the Zoning Board’s determination denying the appeal of the petitioner Slonim which challenged the conclusion of the respondent building inspector of the Town of East Hampton, New York, that retail use was pre-existing on the subject property, was not arbitrary, capricious, an abuse of discretion, or irrational.

Slonim v. Town of East Hampton Zoning Board of Appeals, et al., 2014 WL 3263417 (NYAD 2 Dept. 7/9/2014)

The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2014/2014_05194.htm


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