Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> New York Zoning and Municipal Law Blog

Real Estate & Property Law

: New York Zoning and Municipal Law Blog

Challenge to a Local Law Requiring Discontinuance of a Nonconforming Use

By Steven Silverberg and Katherine Zalantis

In denying summary judgment to a property owner who challenged the amortization period during which a non-conforming use must be discontinued under a local law, the court held the property owner failed to demonstrate the law is invalid on its face. In the Matter of Suffolk Asphalt Supply, Inc. v. Board of Trustees of Village of Westhampton Beach, the court noted that ?there remains a question of fact regarding whether the amortization period provided in the local law was reasonable and thus constitutional as applied to the plaintiff.? The property owner purchased an asphalt plant which was a legal non-confirming use. The Village adopted the local law under challenge, which provided that such use must be discontinued within one year but that an additional five year extension of the use could be granted upon application to the zoning board of appeals...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on February 07, 2009 (boomark / email).