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Real Estate & Property Law

: Law of the Land

Variances Upheld as Board Applied Statutory Balancing Test

By Patty Salkin

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On appeal challenging the granting of area variances, the appellate court reminded that local zoning boards have a wide discretion in considering applications for area variances, and that judicial review is limited to determining whether the action taken by the board was illegal, arbitrary and capricious, or an abuse of discretion.  Relying on Town Law [...]

Full post as published by Law of the Land on July 28, 2009 (boomark / email).

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