Article 78 to review Zoning Board of Appeals decision granted
Matter of Craig Emmerling and Lynn Emmerling v Town of Richmon Zoning Board of Appeals
This article 78 appeal was brought about to challenge a judgment of the Supreme Court dismissing a petition. Petitioners commenced an article 78 appeal to reverse the determination of the Town of Richmond Zoning Board of Appeals (ZBA) that required a site plan review by the Town Planning Board prior to petitioners being allowed to erect a fence on their property. The Supreme Court dismissed their appeal which led to this proceeding.
The Court feels that Supreme Court erred in dismissing the petition in its entirety. The ZBA’s determination that a site plan review was required prior to petitioners’ erection of a fence was contrary to the Zoning Laws. The Court found that respondents’ argument that the review was required due to the fence changing the traffic flow on petitioners’ property was against merit, as was the contention that a review was necessary due to the fence not being included in the original site plan for petitioners’ property. The Court felt that the ZBA’s interpretation of the zoning code was irrational, unreasonable, and inconsistent.
Accordingly, the Supreme Court reversed the judgment so appealed from, granted the petition and annulled the determination.
Read more about this Article 78 zoning board appeal.
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