Court of Appeals of New York
In the Matter of Colin Realty Co. v. Town of North Hempstead, 150
In this zoning case, Manhasset Pizza applied for an off-street parking variance in connection with a change in the storefront's use from a retail gift shop to a restaurant. The judgment of the Appellate Division holding that the Zoning Board of Appeals (ZBA) decision to grant the requested area variances was rational and not arbitrary and capricious is affirmed, where because both the retail gift shop and restaurant uses are permitted in the zoning district, the ZBA properly considered the application as a request for an area variance.
Appellate Information
- Decided 10/16/2014
- Published 10/16/2014
Judges
- Read
Court
- Court of Appeals of New York