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• Title: Matter Lawrence W. Besthoff Et Al. v. Zoning Board Appeals Town Clarkstown Et Al.
• Author : Supreme Court of New York
• Release Date : January 04, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

The respondent Zoning Board of Appeals found that the subject property had acquired a nonconforming use for 62 dwelling units.
In our opinion there was no substantial evidence to support such a finding. A nonconforming use may not be established through
an existing use of land which was commenced or maintained in violation of a zoning ordinance; any such use is not an existing
lawful use within the meaning of an ordinance which protects existing lawful uses (Anderson, Zoning Law and Practice in New
York, 6.07-6.08). Here, the initial ordinance restricting the property in question was enacted in 1939. The record in this
case does not adequately reveal the nature and extent of the use of the subject property at that time. However, since there
was some evidence as to a valid nonconforming use prior to the enactment of the 1939 ordinance, this matter should be remitted
to the respondent Zoning Board of Appeals for a further hearing and a definitive determination as to this point. Disposition Appeal from judgment dismissed as academic, without costs. The judgment was superseded by the order made upon
reargument. Appeal from so much of the order as granted reargument dismissed, without costs. Appellants were not aggrieved
by that provision. Otherwise, order reversed, on the law, without costs, and petition granted to the extent of annulling the
determination of the respondent Zoning Board of Appeals and remitting the matter to said respondent for a further hearing
in accordance herewith and for a new determination.

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