This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.
John R. Nolon & Jessica A. Bacher, Clarifying the Rules and Roles of Land Use Boards, N.Y. L.J., June 16, 2004, at 5, http://digitalcommons.pace.edu/lawfaculty/690/.