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Allowing Hot Mix Asphalt Plant as Special Use is Not Spot Zoning

By Steven Silverberg and Katherine Zalantis

A zoning amendment which permitted hot mix asphalt facilities as a special use in all industrial districts in the Town of Babylon was held not to be spot zoning by the Appellate Division this week. In the case, Matter of Little Joseph Realty, Inc. v Town Board of the Town of Babylon, the court found the amendment was not enacted to benefit a single owner for a specific purpose only. The Court noted that spot zoning is ?the process of singling out a small parcel of land, for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners.? In affirming the decision of the Supreme Court, the Appellate Division found that the lower court had correctly determined that ?the zoning amendments did not allow for a use that was different from that allowed in the surrounding area and was in conformity with the comprehensive plan calculated to serve the general welfare of the community...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on June 07, 2008 (boomark / email).