ALBANY – The Court of Appeals yesterday said that local zoning boards are owed considerable deference – at least considerably more than afforded in recent cases by the Appellate Division, Second Department.
In a trio of cases where local zoning boards denied variances for commercial enterprises and where the Second Department overruled the municipalities, the Court of Appeals reversed and reminded that judges should alter only those local decisions that are clearly arbitrary and capricious. That was not the case in any of the matters resolved yesterday, the Court said.
