Posted by: Patricia Salkin | March 10, 2019

NY Appellate Court Annuls Zoning Board Interpretation Made Without Prior Decision from the Building Inspector

This post was authored by Amy Lavine, Esq.

A New York court ruled in February that a zoning board had no jurisdiction to interpret whether a landscaping business was permitted in the laboratory-office zoning district absent a prior determination from building inspector. The court also found that the board violated the Open Meetings Law by failing to give adequate notice of a workshop meeting, but the violation was insufficient to annul the board’s determination because the record showed that the workshop meeting was open to the public and the determination was made after a series of properly noticed public meetings.

 

Chestnut Ridge Assoc., LLC v 30 Sephar Lane, Inc., 94 N.Y.S.3d 596 (2d Dept. 2/27/19).


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