In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020], the Appellate Division affirmed the grant of the Article 78 Petition of D.P.R. Scrap Metal Inc. (DPR) annulling the Zoning Board Appeals (ZBA) determination as arbitrary and capricious and not supported by evidence.
In this case, DPR operated its
Continue Reading Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence
In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North Hempstead Board of Zoning Appeals (“Board”) denial of a use variance. In finding that the house was a “legal nonconforming” 2-family residence, the Appellate
Continue Reading Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District
The Town of North Hempstead decided to ban recreational marijuana even before it becomes legal in New York. At its January 8, 2019 meeting, the Town Board unanimously adopted Local Law 1-2019, amending the Town zoning code, to prohibit the retail sale, distribution or offer of consumption of marijuana in all use districts.
The local law provides that no
Continue Reading Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power