Legal Question in Civil Rights Law in New York

Article 78

We went in front of the Cheektowaga Town Board to get a varience to widen our driveway at which time we were told we could not park our boat in the driveway as it is illegal. Varience was granted on the condition boat would not be parked in the driveway. After the hearing we spoke to the supervisor from the Neighborhood Preservation and was informed we are within our rights to keep the boat in our driveway as long as we are 5 ft from our neighbors property. We appealed and the board did not reverse the decision. We feel we are being singled out as we have neighbors who have their boats parked in their driveway. The neighbor across the street continues to call on us as he has a relative working for the town. I feel as a tax paying citizen I should have the same right as my neighbors. We take very good care of our property and the boat is not an eyesore. Can we file an injuction against the Cheektowaga Board? Any help would be appreciated


Asked on 5/27/09, 12:57 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Article 78

I believe that you need to show the board is acting arbitrarily and capriciously in ruling against you. To do that you really need an attorney. How close to Long Island are you located?

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Answered on 5/27/09, 1:22 pm


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