November 17, 2015

In Gottlieb v. Board of Appeals of Incorporated Village of Lawrence, 131 A.D.3d 481 (2nd Dept. 2015), the Board of Appeals of Incorporated Village of Lawrence (“Board”) denied petitioner’s application for certain area variances. After a rehearing of the application, the Board reversed its prior determination and granted the application with certain conditions.

In a proceeding pursuant to CPLR article 78 to review the determination of the Board, the Supreme Court, Nassau County denied the Petitioners’ appeal and dismissed the proceeding.

The Court held that the Board’s determination to reverse its initial determination, and then grant that application with conditions, was rational and not arbitrary or capricious. The Board properly engaged in the required balancing test and considered the relevant statutory factors under the Village’s Code.

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