Federal Judiciary

MA Appeals Court Finds Property Owner Failed to Exercise Rights Under Variance Sufficient to Prevent its Lapse
The Town granted Paul Cornell a variance to subdivide a parcel into two lots.  After more than a year, Cornell applied for a building permit...

NY Appellate Court Says Failure to Name Applicant in a Lawsuit Challenging Granted Use Variance was Fatal
In protracted litigation following the granting of a use variance by the NYC Board of Standards and Appeal (BSA) to allow 160 Imlay Real Estate (Imlay) to change the use of a building in an M2-1 zoning district which permits manufacturing, commercial and retail use, to permit a residential use...

Zoning Variance May Not Be Limited To The Term of Ownership of the Applicant
In upholding the decision of a zoning board denying an area variance, the Appellate Division in Fowlkes v Board of Zoning Appeals of the Town of North Hempstead noted that the variance could not have been limited in time to the term of ownership of the present applicant...

Use Variance for Photography Studio in Residential District Upheld
Neighbors appealed a decision of New York City Board of Standards and Appeals to grant a use variance to an applicant who purchased a lot zoned for residential use, who then demolished the home on the property and applied for the variance to construct a photography studio in its place...

NY Appellate Court Upholds Variance Denial Where Request Was Substantial and Would Impact Character of the Neighborhood
The zoning board of appeals denied petitioner?s request for area variances to permit her to subdivide her 1...

Upward Variance OK
U.S. v. Taghizadeh, 2008 WL 17901291 (4/21/08) (unpub'd) - The 10th affirms an upward variance from 121 months to 216 months on the grounds that the sexual-exploitation-of-a-minor Guidelines contemplated neither the videotaping of sexual acts [as opposed to sexually explicit poses] nor the defendant participating in the sexual acts...