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Anthony Guardino Anthony Guardino

Several years after the July 1, 1992 effective date of amendments to the New York State Town Law establishing a statutory standard for local zoning boards to use when considering applications for area variances, the New York Court of Appeals issued its opinion in Sasso v. Osgood, 86 N.Y.2d 374 (1995). Although the court decided a number of important issues in Sasso, its conclusion was perhaps the most significant. The court upheld the zoning board’s decision granting area variances to a property owner, finding that the determination was supported by “photographs and other materials in the record” and was “not irrational, arbitrary or capricious.”

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