Town of Rye v. McMahon

This case, as it was briefed and argued before us, presented questions concerning the power of a town board of adjustment to grant a variance from a municipal zoning ordinance that would authorize a use specifically prohibited throughout the town and the extent to which the town would then be estopped to enjoin the use after the variance had been implemented. However, careful scrutiny of the record below indicates that the requisite factual predicate to decide those issues does not exist.

The defendant and his wife purchased the property in question, located on Ocean Boulevard in Rye, New…