DSB was successful in Supreme Court, Suffolk County, in obtaining the dismissal of an Article 78 petition challenging a September 24, 2018 decision of the Zoning Board of Appeals of a town on Long Island’s east end, denying petitioner’s application for a variance to move an existing shed and an existing barn to a non-conforming area of the property and to construct a “hoop house” in a non-conforming area of the property. The Court determined that there were alternate locations on the property where the structures could be repositioned. The Court agreed that the ZBA’s determination had a rational basis and was neither arbitrary and capricious nor an abuse of discretion.
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