Anthony S. Guardino, a parner at Farrell Fritz, writes that New York law has long provided that a decision of a zoning board or other administrative agency that neither adhered to its own prior precedent nor indicated its reasons for reaching a different result on essentially the same facts was arbitrary and capricious and mandated reversal - even if there was otherwise evidence in the record sufficient to support the determination.
March 25, 2009 at 12:00 AM
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