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Real Estate & Property Law

: New York Zoning and Municipal Law Blog

Zoning Board Determination of Preexisiting Nonconfroming Use Upheld

By Steven Silverberg and Katherine Zalantis

An appellate court upheld a zoning board determination that the owner of a commercial property maintained a legal preexisting nonconforming use of a parking lot. In Matter of Jacobsen v. Town of Bedford Zoning Board of Appeals, the court reiterated the rule that such a decision will not be overturned "if it is rational and is not illegal or an abuse of discretion, even if the reviewing court would have reached a different result."

Full post as published by New York Zoning and Municipal Law Blog on February 28, 2009 (boomark / email).

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