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Real Estate & Property Law

: Law of the Land

Variance Denial Arbitrary Where Board Fails to Adhere to Its Own Prior Precedent

By Patty Salkin

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Although local zoning boards of appeal have broad discretion when considering applications for area variances, where the board fails to adhere to its own prior precedent and fails to indicate its reason for reaching a different result on essentially the same facts, the decision will not be upheld as it is considered arbitrary and capricious. [...]

Full post as published by Law of the Land on November 29, 2008 (boomark / email).

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