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Firm Successfully Defeats Challenge to Zoning Board of Appeals Variance Decision

Firm Successfully Defeats Challenge to Zoning Board of Appeals Variance Decision

Egan & Golden, LLP recently won dismissal of an Article 78 lawsuit against the Village of Port Jefferson’s Zoning Board of Appeals. Christopher A. Bianco, Esq. represented the Zoning Board of Appeals. The Petitioners commenced the proceeding against the Zoning Board of Appeals (the “ZBA”), arguing that it had acted arbitrarily when it denied their request for a variance from the Village of Port Jefferson’s parking space requirements. The Petitioners sought to develop and use the subject property as a law office with an upstairs apartment. In rejecting the application, the ZBA determined that the proposed development would require a 60% relaxation or variance from the Village Code’s requirement for parking spaces.

In their Petition to the Supreme Court, Suffolk County, the Petitioners contended that their analysis of the Village’s parking needs was more detailed and scientific than the ZBA’s review of traffic patterns in the area. In response, the Firm successfully argued that it is not the Court’s role in an Article 78 proceeding to weigh testimony ''where the evidence is conflicting and room for choice exists." In its motion papers, the Firm also noted that the ZBA had complied with New York State Village Law Section § 7-712-b(3)(b) when it carefully balanced the potential benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood if the parking regulation were relaxed.

The Egan & Golden Municipal Law Practice Group provides a full range of legal services to our municipal clients throughout Long Island. The group is multidisciplinary in nature, involving lawyers who regularly counsel clients in the areas of labor and employment law, public finance law, zoning and land use, environmental law, general municipal law, construction projects, and litigation and litigation avoidance, among others. Whether as Village Attorneys, general counsel, litigation counsel, or as special counsel for specific projects or matters, Egan & Golden attorneys can actively and efficiently use their experience to assist in all phases of municipal operations.

The Supreme Court's decision dismissing the Article 78 Petition is attached.    

Attachments

  1. 06-10-19 Duke v Brosnan et al 4128-18 001-MD CASE DISP.pdf 7/12/2019 8:17:37 AM

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