Curtis D. Harris, BS, CGREA, REB
Associate Degree in Archicecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED-GREEN Certificate The Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners Since 1984*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: LAW OF THE LAND [mailto:email@example.com]
Sent: Tuesday, 31 January, 2017 9:46 PM
Subject: [New post] NY Appellate Court Upholds Reversal of Decision on Variances Where Zoning Board Failed to Follow its Own Precedent
Patricia Salkin posted: "Following the granting of area variances by the zoning board of appeals permitting the applicant to subdivide a parcel he owned into two substandard lots, and to construct a two-family residence on each lot. Petitioners commenced a proceeding to review th"
Respond to this post by replying above this line
New post on LAW OF THE LAND NY Appellate Court Upholds Reversal of Decision on Variances Where Zoning Board Failed to Follow its Own Precedentby Patricia Salkin
Following the granting of area variances by the zoning board of appeals permitting the applicant to subdivide a parcel he owned into two substandard lots, and to construct a two-family residence on each lot. Petitioners commenced a proceeding to review the determination on the ground that it was arbitrary and capricious, alleging that the Board failed to properly distinguish the subject application from a substantially similar prior application, made as to the same parcel, which the Board had denied earlier in in 2010. The trial Court granted the petition and annulled the determination, and the applicant appealed.The appellate court said that administrative agencies must adhere to their own prior precedent or indicates its reason for reaching a different result on essentially the same facts, and not to do so is arbitrary and capricious. Where as here, the zoning board reached a contrary result on substantially similar facts, the Court said that an explanation is required, yet the Board did not offer one. Therefore, the Court found that the court below properly granted the petition and annulled the determination.Amdurer v. Village of New Hempstead Zoning Bd. of Appeals, 2017 WL 189159 (NYAD 2 Dept. 1/18/2017)
Patricia Salkin | February 1, 2017 at 1:45 am | Categories: Current Caselaw - New York, Variances | URL: http://wp.me/p64kE-2Ju
Comment See all comments Like Unsubscribe to no longer receive posts from LAW OF THE LAND.
Change your email settings at Manage Subscriptions. Trouble clicking? Copy and paste this URL into your browser:
Thanks for flying with WordPress.com