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Apdl 25, 2004--Page 7
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<br />in~:lud, cd considc:rxrior o~! whether a billboard adjacent to a highwaY harmed
<br />publj, u safety or had a ~e~;ttive effect in promoting the co~o~, convenience,
<br />a~,t peace o~' ~find of highway motorists by being an annoying intrusion upon
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<br />.~'ee ~d~'o: EiseJ~x~uir v. &4:d, 405 U.S. ~38 (1972).
<br />see al.'~o: Boarrl OJ" Ed~ :or/on o~' Ci~ School Dffsr~cr of Ci~ of Cincinnati, 390
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<br />Appeal -- OppositJo~ f/les challenge more than 30 days after minutes
<br />appr~)ved
<br />Cluim.~' minutes did nt;t' .;'~'trt 30-day clock
<br />(:i~tm>~t.' Moshe: ,:. T~ wn of Southporr Zoning Bo~rd of Appeals, Supreme
<br />Co~,trt re'New }%:k. Ap:~. [~iv., 3rd Dept., No. 94520 (2004)
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<br />biEW YORK (03/04/0~) ~ - The town of Southpo~ Zoning Bo~d of Appeals
<br />approved a use vafianc: :3{mght by ~ste~elt. The bo~d considered and ap-
<br />proved the application ar ~ts May 15, meeting, and the draft ~nutes of tbs
<br />m¢,efing were :ii. ed wi~l.a d~e town clerk on June 2. The ~nutes were then
<br />apf)ro,,,ed at rt~e board': s~bsequenr June meeting.
<br /> Masher, a n~t=hb ,, ~ .~: prof)e~y owner, challenged the approval on July
<br />17. However, the board ci:: ~med ~s challenge was brought more than 30 days
<br />after thc filing of ~:he dr:~f~ minutes. Under local law, any b0~d decision had to
<br />be challenged wi[bin 3( days after the filing of a decision with the town clerk.
<br />M(~sher sued. and d~e court :uled in favor of the bo~d.
<br /> Masher appealed, a 'gu~ng the l~radons period was not triggered by the
<br />filing ()~ the drak'~: ~nm res bezause the ~nutes rafted to indicate how each
<br />bu:~rd member voted as required by the zo~ng ordinance. He also clawed the
<br />b~)ard illegally cltllscd [.is'l fO ~SS the deadline.
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<br />DECI:~ION: Affirmed.
<br />th{: stature of limJr::rious was triggered by the fihng of the draft ~nutes.
<br />~ht: draft minutes c!eariy se[ our the name of each member of the bo~d
<br />wht: was preseut ar the mt:er~g and stared the motion to grant the v~ance
<br />was u~xtnimousl,: appre red.
<br /> .'Mthough Masher c~aimed his counsel was told by the town clerk's office
<br />d~ur th{t board'>, decJsh, n was not final until the ~nutes were approved at
<br />ant:he: board raceting am. onrh later, there was no indication or claim the
<br />b~ m.:d ~xged [n ['raud. fec~fi t, or ~srepresentation in order to delay Masher's
<br />chXle~]2e to its dc:cisio~.
<br />sr:e .;ti.~',:: Green [-fo:/po~'r Ho~eowners Axaociario~ v. Town of Lake George
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<br />.~',:,r .,:~i:,: Cizw 0,¢' ~,.o:,:,,'` ..~,,: OD:i;'~s, u. Zoning Board of Appeals of Town of
<br />g"i/:,)~. 279,...: ..... :[ ,:'. ,,.
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<br />~¢) :20()4 2ulnlan ?uL~tis;~irv! &rouo. m', '~oroauction ;s 2rohibited. For more information please call (617) 542-0048.
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