Partner Christian Browne Secures Reversal of Board Decision Denying Zoning Approval for Residential Home Construction on Vacant Property
McLaughlin Stern partner Christian Browne recently secured the reversal of a zoning variance denial issued by the Town of Hempstead Board of Appeals (the “Board”). The Nassau County Supreme Court issued its decision in the case, John Picone vs. Town of Hempstead Board of Appeals, in December 2021.
The case arose out of Mr. Picone’s attempt to construct a new house on a vacant parcel of land in Nassau County. Mr. Picone, a builder, had previously constructed an identical home on a nearby property with the Board’s approval. However, when Mr. Picone sought zoning approval for the house in question, the Board denied the same request for zoning relief that it had previously granted.
Mr. Browne appealed the Board’s denial to the Nassau County Supreme Court on Mr. Picone’s behalf. On appeal, the Court annulled and reversed the Board’s decision. The Court held that the Board had failed to set forth the reasons for departing from its precedent in granting Mr. Picone’s prior application, and it directed the Board to grant the variances needed for the construction of the new home.