In Matter of Jacobsen v. Town of Bedford Zoning Board of Appeals , Alfred Jacobsen challenged a decision by the Town of Bedford's Zoning Board allowed GHP Bedford's use of a part of its property as a commercial parking lot.
GHP'S property was situated in both a Neighborhood Business zoning district and a Residence Two-Acre zoning district and had been improved to include two commercial parking lots. Lot A was found on the portion designated for commercial use, while Lot B -- the disputed portion -- was located in a residentially zoned area.
Jacobsen challenged Lot B's use, claiming the Town's zoning ordinance (adopted in 1983) prohibited nonresidential parking in the area.
Because the lot's conversion to commercial use occurred before the zoning ordinance's adoption, the Town sided with GHP. When the Westchester County Supreme Court dismissed his administrative proceeding challenging the outcome, Jacobsen appealed to the Appellate Division, Second Department.
According to the AD2, the test to be applied was whether the Board's decision was "rational, not illegal, or an abuse of discretion." Since no irregularity could be discerned, the AD2 affirmed the outcome.
Guess Jacobsen had to park it right there.
For a copy of the Appellate Division's decision, please use this link: Matter of Jacobsen v. Town of Bedford Zoning Board of Appeals