Legal Question in Real Estate Law in New York

Incorporated Village Review Board Powers

I live in an incorporated village in Nassau County NY. I would like to make a change to th efront of my house by adding some stonework. The village has an architectural review board that issues permits for work. We proposed one option for how the stone would look but they proposed another that I disagreed with and would not want to do. Thre reason for difference was strictly do to taste and nothing to do with structure, safety etc. If I was to ignore the recommendation of the Review Board and do the stonework in the manner I preferred, what legal powers, if any, does the board have. Can they force me to do the work in the manner they opined as better? Do they have legal authority to force such things since I never signed any contract or agreement when buying the house that said I would abide by their decisions. Thanks.


Asked on 10/10/03, 12:57 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Incorporated Village Review Board Powers

I would need to see the statute setting up the ARB. You can bring an Article 78 proceeding to overturn their decision if you can establish that it was arbitrary or capricious. I do not think it would be a good idea to test their authority by ignoring their determination.

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Answered on 10/12/03, 8:22 pm


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