KHAN v. ZONING BD. OF APPEALS


87 N.Y.2d 344 (1996)

662 N.E.2d 782

639 N.Y.S.2d 302

In the Matter of Shahid U. Khan, Respondent, v. Zoning Board of Appeals of the Village of Irvington et al., Appellants.

Court of Appeals of the State of New York.

Decided January 16, 1996.


Attorney(s) appearing for the Case

Plunkett & Jaffe, P. C., White Plains (Kevin J. Plunkett and Elizabeth S. Torkelsen of counsel), for appellants.

Richard T. Blancato, Tarrytown, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

Respondent Khan sought to construct a residence on property that was made subject to environmental zoning regulations soon after he bought it. The primary issue in this case is whether a separate ordinance which provides an exemption from zoning regulations for property held in single and separate ownership gave respondent a right to build in spite of the new environmental zoning regulations. Because...

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