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Defense of a Challenge to a ZBA’s Determination to Grant a Use Variance

The applicant sought a use variance to permit commercial parking in a residential area, across the street from his commercial operation. The ZBA applied the factors for granting a use variance and issued a written decision. After nearby residents challenged the ZBA’s determination granting the use variance on several grounds. Hodgson Russ successfully defended the ZBA before the Supreme Court, Erie County and the Fourth Department.