As you may have heard, I sued the Yorktown Zoning Board of Appeals pro se (without an attorney). I lost. The article 78 petition I filed was thrown out on a technicality. Even though I was solely challenging decisions made by the ZBA and served them properly, I was unaware of obscure case law that required me to serve the property owner--Faith Bible Church. The case was not decided on its merits. The judge dismissed it based on that failure to serve and I couldn't challenge it because zoning variances have an extremely short statute of limitation of 30 days (in NY state). Live and learn.
As luck would have it, I just discovered a zoning section the applicant (FBC) does not comply with. The net result is that instead of 63 parking spaces, they can only provide 33. What does this all mean? At a minimum, I'll have the pleasure of making a reasoned argument against a ginormous zoning variance that will ruin the residential character of the neighborhood. I had some good times with the ZBA and look forward to at least a couple more:)
No comments:
Post a Comment