To Defer or Not to Defer: Judicial Review of Zoning Board Decisions in New York

Authors

Elliot Gardner, Benjamin N. Cardozo School of Law

Abstract

The note examines the judicial review of zoning board decisions in New York, emphasizing the need to balance deference to local boards with ensuring fairness and transparency. It argues that excessive judicial deference can lead to arbitrary and unjust decisions, particularly in distinguishing between variances and special permits. The author advocates for clearer judicial standards, such as a higher scrutiny for special permits, and proposes reforms like specialized courts to enhance consistency and fairness in zoning decisions.

Disciplines

Administrative Law | Judges | Land Use Law | Law

Recommended Citation

Elliot Gardner, To Defer or Not to Defer: Judicial Review of Zoning Board Decisions in New York, 2 Cardozo Pub. L. Pol’y & Ethics J. 421 (2004).
Available at: https://larc.cardozo.yu.edu/cplpej/vol2/iss2/7