Legal Opinion
Haberman v. Zoning Board of Appeals
New York Court of Appeals
Decided November 19, 2007PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that, where a zoning board of appeals has voted to grant a variance, the board’s lawyer, acting with actual or apparent authority, may agree to extend the time to build the improvements permitted by the variance. A second board meeting and vote are not required.
Facts and Procedural History
Sinclair Haberman sought a variance from the City of Long Beach Zoning Board of Appeals (ZBA) to build a four-tower residential condominium complex. The ZBA granted the variance, but after one of the towers was built a dispute arose about the other three. Haberman brought…
2Cases cited5 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
- New York Life Insurance v. GalvinNew York Court of Appeals · 1974
- Carbone v. Town of BedfordAppellate Division of the Supreme Court of the State of New York · 1988
- Haberman v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Haberman v. Zoning Board of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2012
- Haberman v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of Haberman v. Zoning Bd. of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Kirklin v. Zoning Bd. of Appeals of the City of Long BeachNew York Supreme Court · 2018