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Real Estate & Property Law

: Law of the Land

Use Variance Denial Upheld Where Petitioner Failed to Prove Preexisting Nonconforming Use

By Patty Salkin

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Since zoning boards have broad discretion in determining whether to grant variances, judicial review is limited to determining whether the board?s action was illegal, arbitrary or capricious or an abuse of discretion. The appeals court determined that the petitioner failed to meet her burden of establishing a preexisting nonconforming use, and therefore upheld the board?s [...]

Full post as published by Law of the Land on May 22, 2010 (boomark / email).

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Preexisting nonconforming use exception applied in zoning case: LEGRAND v. EUBANK (COA 8/29/2008)

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Salkin on Nonconforming Uses

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