Improving Spot Zoning Challenges
Albert J. Pirro Jr. writes that although challenges to spot zoning—zoning amendments which are not in accord with a comprehensive or well considered plan—are usually unsuccessful, some "outside the box" approaches should be considered.
August 28, 2017 at 02:01 PM
21 minute read
I recently read Anthony S. Guardino's “Spot Zoning Challenges Rarely Are Successful,” published May 23, 2017 in the New York Law Journal.
While Mr. Guardino is quite correct, there are a number of practical, although somewhat “outside the box” approaches which the land use practitioner should consider.
The term “spot zoning” describes a zoning amendment which is invalid because it is not in accord with a comprehensive or well considered plan and is, therefore, invalid. Little Joseph Realty v. Town Board of Town of Babylon, 52 A.D.3d 478 (2d Dep't 2008); Udell v. Haas, 21 N.Y.2d 463 (1968).
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