MATTER OF RUSSIA HOUSE AT KINGS POINT, INC. v. ZONING BOARD OF APPEALS OF VILLAGE OF KINGS POINT


40 A.D.3d 767 (2007)

835 N.Y.S.2d 450

In the Matter of RUSSIA HOUSE AT KINGS POINT, INC., et al., Appellants, v. ZONING BOARD OF APPEALS OF VILLAGE OF KINGS POINT, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 8, 2007.


Ordered that the judgment is reversed, on the law, with costs, the petition is granted to the extent that the determination is annulled, the petition is otherwise denied, and the matter is remitted to the Board of Zoning Appeals of the Village of Kings Point for a new determination of the petitioners' applications for area variances in accordance herewith.

Local zoning boards have broad discretion in considering applications for area variances and judicial review...

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