New York Court of Appeals

In the Matter of Shahid U. Khan, Respondent v. Zoning Board of Appeals of the Village of Irvington, Appellants

January 16, 199687 N.Y.2d 344

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the single and separate ownership exemption in Irvington's zoning ordinance does not apply to the Resource Protection flood‑plain regulations, that the respondent has no vested right to build, that the Zoning Board's denial of an area variance was a proper exercise of discretion, and that no constitutional taking occurred.