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MATTER OF ANELLO v. ZONING BD.

89 N.Y.2d 535 (1997)

678 N.E.2d 870

656 N.Y.S.2d 184

In the Matter of Rose E. Anello, Appellant, v. Zoning Board of Appeals of the Village of Dobbs Ferry et al., Respondents. Briary Woods Neighborhood Association, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided February 18, 1997.

Attorney(s) appearing for the Case

Morvillo, Abramowitz, Grand, Iason & Silberberg, P. C., New York City (Catherine M. Foti of counsel), for appellant.

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

Morgan, Lewis & Bockius LLP, New York City (David Stoelting of counsel), for intervenor-respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH and LEVINE concur with Judge CIPARICK; Judge WESLEY dissents and votes to modify in a separate opinion; Judge TITONE taking no part.

CIPARICK, J.

Petitioner contends that the denial of a variance from Dobbs Ferry's "steep slope" ordinance, which prevents her from building a one-family dwelling on a parcel, constitutes a taking of property for which she is entitled to just compensation (see, US Const 5th Amend; NY Const, art I, § 7). We disagree and conclude that because petitioner acquired...

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