Legal Opinion

Informal Opinion No.

New York Attorney General Reports

Decided March 3, 1987Published

1Opinion of the Court

Alan L. Honorof, Esq. Corporation Counsel, Hempstead

You have asked whether the village board is authorized to enact a moratorium on the granting of certain use variances by the village zoning board of appeals. The Village of Hempstead currently has zoning regulations forbidding professional offices maintained by non-residents in resident "AAA" (highest rating) zones of the village. In the "AAA" zones, professional offices are permitted for residents only. The moratorium would apply to the granting of use variances by the zoning board permitting non-resident professional use in the resident…

2Cases cited15 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
  3. Berenson v. Town of New CastleNew York Court of Appeals · 1975
  4. Sherman v. FrazierAppellate Division of the Supreme Court of the State of New York · 1982
  5. Rozler v. FrangerAppellate Division of the Supreme Court of the State of New York · 1978

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