Posted by: Patricia Salkin | February 26, 2017

NY Appellate Court Upholds Denial of Registration for Outdoor Advertising Sign

This case arose from Respondent’s determination that the United States Bulkhead Line running along the Bronx shoreline of the Harlem River did not constitute a “boundary of the City of New York” within the meaning of New York City Zoning Resolution § 42–55(d) and therefore that petitioner’s outdoor advertising sign did not fall within the exception to the Zoning Resolution. The Supreme Court, New York County, denied the petition to annul this determination of respondent, which denied the appeal from the Department of Buildings’ denial of registration for petitioner’s outdoor advertising sign, and dismissing the proceeding brought pursuant to CPLR article 78.
On appeal, the court found that the respondent’s determination was not arbitrary and capricious. Here, even though the Department of Buildings previously granted a permit based on a finding that the sign fell within the above exception to the Zoning Resolution, the court determined it was entitled to correct the mistake that led to its approval of the permit. Furthermore, the record reflected the reasons for this change in course so as to allow for meaningful appellate review.
Take Two Outdoor Media LLC v. Board of Standards and Appeals of the City of New York, 2017 WL 401365 (NYAD 1 Dept. 1/31/2017)

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