Overcoming Denial on Standing Grounds Through Article 78 Proceeding
Litigation attorney Michael Caruso represented our client who sought an interpretation on pre-existing nonconforming uses. The ZBA initially denied the application on standing grounds. However, after initiating an Article 78 proceeding and highlighting procedural and substantive irregularities, the respondents agreed to remand the full application to the ZBA. The case is currently being heard again.