MATTER OF LOUCHHEIM v. ZONING BOARD OF APPEALS OF TOWN OF SOUTHAMPTON


44 A.D.3d 771 (2007)

843 N.Y.S.2d 180

In the Matter of JEFFREY LOUCHHEIM et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF SOUTHAMPTON et al., Respondents.

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

Decided October 9, 2007.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the application for a variance to extend a nonconforming use is denied.

In 2005 NL Housing, LLC (hereinafter NL), submitted an application to the Zoning Board of Appeals of the Town of Southampton (hereinafter the ZBA) for a variance to allow expansion of two structures on certain real property which benefitted from a preexisting...

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