The New York Court of Appeals rarely overrules itself, and even more rarely overrules itself in zoning or land use planning matters. Last month, however, in Matter of Colin Realty v. Town of North Hempstead,1 the court overruled a decision from more than 40 years ago in a case involving variances from the off-street parking requirements of a town’s zoning ordinance.
Background
The Colin Realty case arose in 2011 when Manhasset Pizza and Fradler Realty Corporation sought approval from the board of zoning and appeals (ZBA) of the Long Island town of North Hempstead to place a 45-seat, full-service, dine-in restaurant in a storefront in the town. Restaurants are permitted in the Business A district in which the building is located, subject to the issuance of a conditional use permit.
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