Sekuterski v. Village of Lancaster

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: The court erred in directing respondent Village of Lancaster Zoning Board of Appeals to issue petitioners a variance with respect to their garage. The fact that petitioners built the garage based on an erroneously issued building permit does not estop respondents from enforcing the applicable zoning laws (see, Matter of Parkview Assocs. v City of New York, 71 NY2d 274, 282, rearg denied 71 NY2d 995, cert denied 488 US 801). The “rare exception” to the unavailability of estoppel cannot be applied where…