ZONING BOARD OF APPEALS’ RULING THAT A NONCONFORMING USE HAD NOT BEEN DISCONTINUED OR ABANDONED SHOULD NOT HAVE BEEN REVERSED.

The Third Department, reversing Supreme Court, determined the zoning board of appeals’ (ZBA’s) ruling that a nonconforming use had not been discontinured or abandoned should be affirmed. The court explained the role of the reviewing court when the controversy is fact-based and does not involve the interpretation of a statute or ordinance:

It is well settled that unless the issue presented is one of pure legal interpretation, “[a] zoning board’s interpretation of a local zoning ordinance is afforded deference and will only be disturbed if irrational or unreasonable” … . Here, the issue of whether the preexisting nonconforming use was discontinued is largely a fact-based inquiry, rather than a purely legal interpretation of the zoning law. As such, the ZBA’s determination is entitled to deference … . Matter of Lumberjack Pass Amusements, LLC v Town of Queensbury Zoning Bd. of Appeals, 2016 NY Slip Op 08142, 3rd Dept 12-1-16

 

ZONING (ZONING BOARD OF APPEALS’ RULING THAT A NONCONFORMING USE HAD NOT BEEN DISCONTINUED OR ABANDONED SHOULD NOT HAVE BEEN REVERSED)/NONCONFORMING USE (ZONING BOARD OF APPEALS’ RULING THAT A NONCONFORMING USE HAD NOT BEEN DISCONTINUED OR ABANDONED SHOULD NOT HAVE BEEN REVERSED)