As the IAS Court found, the challenged determination of the BSA, that the Special Permit had not lapsed under New York City Zoning Resolution § 11-42, enacted in 1995, was not arbitrary and capricious. The BSA properly determined, based on a rational construction of the language of section 11-42, that there was neither an express nor a necessarily implied requirement that the section be retroactively applied (see, Majewski v Broadalbin-Perth Cent. School Dist.,
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MATTER OF LANDMARK WEST! v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS
266 A.D.2d 119 (1999)
699 N.Y.S.2d 334
In the Matter of LANDMARK WEST! et al., Appellants, v. NEW YORK CITY BOARD OF STANDARDS AND APPEALS et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 23, 1999.
Decided November 23, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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