AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of CATHLEEN CARRANO, Appellant, v. CHRISTOPHER MODELEWSKI et al., Respondents.

Ordered that the judgment is affirmed, with costs.

Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary and capricious, or an abuse of discretion ( see Matter of Ifrah v Utschig, 98 NY2d 304, 308; Matter of Gallo v Rosell, 52 AD3d 514, 515). Thus, the determination of a zoning board should be sustained upon judicial review if it is not illegal or arbitrary and capricious, and has a rational basis ( see Matter of Sasso v Osgood, 86 NY2d 374, 384; Matter of Gallo v Rosell, 52 AD3d at 515).

Here, contrary to the petitioner's contention, the determination of the Zoning Board of Appeals of the Town of Huntington that she failed to meet her burden of establishing a preexisting nonconforming use of the subject property has a rational basis and was not illegal, arbitrary and capricious, or an abuse of discretion ( see Matter of Mohan v Zoning Bd. of Appeals of Town of Huntington, 1 AD3d 364; Matter of McQuade v Zoning Bd. of Appeals of Town of Huntington, 248 AD2d 386; cf. Matter of Straub v Modelewski, 56 AD3d 481). Accordingly, the Supreme Court properly denied the petition and, in effect, dismissed the proceeding.

Use AI to get other relevant cases.

Comments

IN RE OF CARRANO v. MODELEWSKI
(May 4, 2010)