Allstate Properties, LLC v. Board of Zoning Appeals of Hempstead
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Local zoning boards are vested with broad discretion in reviewing applications for area variances and, as such, judicial review is limited to determining whether the action taken by a zoning board was arbitrary and capricious, illegal, or an abuse of discretion (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613 [2004]; Matter of Martino v Board of Zoning Appeals of Inc. Vil. of Great Neck Plaza, 26 AD3d 382, 383 [2006]). A determination of a zoning board should be upheld if it has a rational basis and is not arbitrary and capricious (see Matter of Pecoraro v…
2Cases cited7 opinions
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Rivero v. VoelkerAppellate Division of the Supreme Court of the State of New York · 2007
- Weisman v. Zoning BoardAppellate Division of the Supreme Court of the State of New York · 1999
- Martino v. Board of Zoning Appeals of Incorporated Village of Great Neck PlazaAppellate Division of the Supreme Court of the State of New York · 2006
- Josato, Inc. v. WrightAppellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Conway v. Van LoanAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Affordable Homes of Long Is., LLC v. MonteverdeAppellate Division of the Supreme Court of the State of New York · 2015
- Petikas v. BaranelloAppellate Division of the Supreme Court of the State of New York · 2010
- Tsunis v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.