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Real Estate & Property Law

: Law of the Land

Area Variance Denial Upheld Where Board Properly Applied Statutory Criteria and Where Application Could Not Demonstrate Other Variances Were Granted On Essentially the Same Facts

By Patty Salkin

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The fact that the zoning board denied one owner an area variance while granting another area variance does not in and of itself indicate that the difference is due to impermissible  discrimination and arbitrary actions. The petitioner must demonstrate that the applications were essentially the same and here, the mere fact that the zoning board [...]

Full post as published by Law of the Land on April 10, 2010 (boomark / email).

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