Posted by: Patricia Salkin | June 27, 2015

NY Appellate Court Upholding Finding that Nonconforming Use was Extinguished Following Discontinuance

The appellate court upheld the finding of the trial court that the petitioner’s rights to the previous legal nonconforming use status of two commercial signs was extinguished when the use of such signs was discontinued for fifteen years. The court found that the petitioner failed to establish that it fell into the limited exception applicable under the NYC Zoning Resolution when discontinuance “is directly caused by….the construction of a duly authorized improvement project by a governmental body or public utility company.” The petitioner did not prove that the collapse of the West Side Highway fit this exception.

Van Wagner Communications, LLC v Board of Standards and Appeals of the City of New York, 2015 WL 3849868 (NYAD 1 Dept. 6/23/2015)

The opinion can be accessed at: http://law.justia.com/cases/new-york/appellate-division-first-department/2015/15502-100418-13.html


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