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Real Estate & Property Law

: Law of the Land

Court Upholds Denial of Area Variance Finding Among other Things, Other Means to Obtain Goal

By Patty Salkin

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Rossney claimed that the ZBA acted arbitrarily and capriciously in denying requested area variance and that the ZBA failed to apply the statutory balancing test required by state statute. The appeals court found that the ZBA properly balanced the benefit to the petitioner against the impact on the neighborhood, and it was well within their [...]

Full post as published by Law of the Land on January 01, 2011 (boomark / email).

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