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Town Zoning Ordinance Voided

By Steven Silverberg and Katherine Zalantis

A town zoning ordinance, which established the specific number of residences and the form of ownership of the residences, as well as the size and ownership of recreational facilities for a specific property, was voided by the appellate division in Matter of BLF Associates LLC v Town of Hempstead. In a decision which restates some of the fundamentals of zoning law in New York, the court held the attempt by the Town of Hempstead to control virtually every aspect of the ownership and use of a property exceeded its authority. The property at issue is a 17 acre parcel previously owned by the United States and used as an army reserve facility. Originally the property was zoned Residence ?B? allowing single family or senior housing on 6,000 square foot lots, as well as school, religious, municipal recreational and agricultural uses...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on December 29, 2008 (boomark / email).