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Zoning Bulletin October 10, 2011 ! Volume 5 I No. 19 <br />DECISION: Judgment of Supreme Court affirmed. <br />The Supreme Court, Appellate Division, Third Department, New <br />York, held that Ace's failure to first apply to the ZBA for noncon- <br />forming use authorization precluded their counterclaim (i.e., their re- <br />quest that the court declare that the racetrack was a nonconforming <br />use and could continue operating for at least ten years from enact- <br />ment of the municipal code provision). <br />In so holding, the court noted that a municipality "may enact a <br />zoning law that eliminates prior nonconforming uses in a `reasonable <br />fashion,' such as by providing for an `amortization period' to allow <br />a party to recoup expenditures by continuing the nonconforming use <br />for a designated period of time." The Town's zoning law included <br />such a provision. That provision allowed Ace an opportunity to ap- <br />ply for prior nonconforming use status. Nevertheless, Ace failed to <br />do so. As such, they cannot seek such relief through the courts, con- <br />cluded the court. <br />See also: 550 Halstead Corp. v. Zoning Bd. of Appeals of TownlVillage <br />of Harrison, 1 N.Y3d 561, 772 N.Y.S.2d 249, 804 N.E.2d 413 (2003). <br />See also: Village of Valatie v. Smith, 83 N.Y.2d 396, 610 N. Y.S.2d <br />941, 632 N.E.2d 1264 (1994). <br />See also: Suffolk Outdoor Advertising Co., Inc. v. Hulse, 43 N.Y.2d 483, <br />402 N.Y.S.2d 368, 373 N.E.2d 263, 8 Envtl. L. Rep. 20185 (1 977). <br />Zoning News from Around the Nation <br />CALIFORNIA <br />Governor Jerry Brown recently signed into law legislation "that <br />will allow local governments. to count foreclosed property toward <br />meeting their requirement for creating affordable housing." <br />Source: Marin Independent Journal; www.marinij.com <br />Approved by the state assembly and now being considered by <br />Governor Jerry Brown is legislation "that would require [big box <br />stores of more than 90,000 square feet that dedicate 10 percent <br />of that space to nontaxable items such as food] ... to include an <br />economic analysis as part of the routine local permitting pro- <br />cess." Reportedly, the analysis required would be "similar to an <br />environmental review but focused on fiscal impacts, [and] would <br />account for a number of collateral costs in contrast to direct ben- <br />efits created by the stores." Opponents, including Wal -Mart, ar- <br />© 2011 Thomson Reuters 11 <br />