People, Inc. v. City of Tonawanda Zoning Bd. of Appeals
| Citation | 2015 N.Y. Slip Op. 02257,126 A.D.3d 1334,6 N.Y.S.3d 817 |
| Decision Date | 20 March 2015 |
| Docket Number | 134 CA 14-00832 |
| Parties | In the Matter of PEOPLE, INC. and S Spoth, LLC, Petitioners–Respondents, v. CITY OF TONAWANDA ZONING BOARD OF APPEALS, Respondent–Appellant. |
| Court | New York Supreme Court Appellate Division |
126 A.D.3d 1334
6 N.Y.S.3d 817
2015 N.Y. Slip Op. 02257
In the Matter of PEOPLE, INC. and S Spoth, LLC, Petitioners–Respondents
v.
CITY OF TONAWANDA ZONING BOARD OF APPEALS, Respondent–Appellant.
134 CA 14-00832
Supreme Court, Appellate Division, Fourth Department, New York.
March 20, 2015.
Francis C. Amendola, Buffalo, for Respondent–Appellant.
Hopkins & Sorgi, PLLC, Williamsville (Sean W. Hopkins of Counsel), for Petitioners–Respondents.
PRESENT: SCUDDER, P.J., SMITH, VALENTINO, WHALEN, and DeJOSEPH, JJ.
Opinion
MEMORANDUM:
Respondent appeals from a judgment that, inter alia, granted the CPLR article 78 petition and aned
the determination of respondent denying petitioners' application for two area variances. We agree with respondent that Supreme Court erred in granting the petition, and we therefore reverse.
It is well settled that the determination whether to grant or deny an application for an area variance is committed to the broad discretion of the applicable local zoning board (see Matter of Ifrah v. Utschig, 98 N.Y.2d 304, 308, 746 N.Y.S.2d 667, 774 N.E.2d 732 ; Matter of Shokrian v. Zoning Bd. of Appeals of City of Long Beach, 32 A.D.3d 961, 961, 820 N.Y.S.2d 811 ). Consequently, when reviewing the denial of an application for an area variance, “[j]udicial review [of such a determination] is ... limited to the issue ‘whether the action taken by the [board] was illegal, arbitrary, or an abuse of discretion’ ... [, and the b]oard's determination should therefore be sustained so long as it ‘has a rational basis and is supported by substantial evidence’ ” (Matter of Dietrich v. Planning Bd. of Town of W. Seneca, 118 A.D.3d 1419, 1420, 988 N.Y.S.2d 760 ; see Matter of Pecoraro v. Board of Appeals of Town of Hempstead, 2 N.Y.3d 608, 613, 781 N.Y.S.2d 234, 814 N.E.2d 404 ). A reviewing court may not substitute its judgment for...
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