1250 Broadway, 27th Floor New York, NY 10001

ALL USED UP?

In violation of local zoning ordinances, M&V 99 Franklin Realty operated a used-car business on its Hempstead property.

When M&V applied to the Town’s Board of Appeals for a special exception, that application was denied.

And when the company later filed suit, both the Nassau Country Supreme Court and the Appellate Division, Second Department, left the denial undisturbed -- particularly since the Town's determination was rationally premised and wasn’t illegal, arbitrary and capricious, nor an abuse of discretion. (Apparently there was a history of “vehicular overcrowding,” with cars spilling into the street and interfering with adjoining owners’ use of their properties.)

Someone wasn’t in the zone.

To view a copy of the Appellate Division’s decision, please use this link: Matter of M&V Franklin Realty Corp v Weiss

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