ALBANY – The Court of Appeals yesterday said that local zoning boards are owed considerable deference – at least considerably more than afforded in recent cases by the Appellate Division, Second Department.
In a trio of cases where local zoning boards denied variances for commercial enterprises and where the Second Department overruled the municipalities, the Court of Appeals reversed and reminded that judges should alter only those local decisions that are clearly arbitrary and capricious. That was not the case in any of the matters resolved yesterday, the Court said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
