When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their objections, landowners can sometimes seek judicial review of the board’s decision through an Article 78 proceeding.[i] However, there is another tool available to landowners
Continue Reading Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265
Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265
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A recent Fourth Department decision upheld a determination by the Town of Westmoreland Zoning Board of Appeals (the “Westmoreland ZBA” or the “Board”) finding that a dog training business is not a “customary home occupation” within the meaning of the local zoning code.
