St. Onge v. Donovan; Driesbaugh v. Gagnon
Court of Appeals of New York
522 N.E.2d 1019 (1988)
Relevant factsFree
In St. Onge, St. Onge (plaintiff) bought a house with an existing commercial-use variance for his real estate business, but the variance stated it would not run with the land and would terminate upon transfer; St. Onge challenged that condition. In the consolidated Driesbaugh case, Driesbaugh (plaintiff) obtained a variance to operate one of his two auto-repair shops, conditioned on phasing out his other, separate location within two years; Driesbaugh challenged that condition as well.
IssueFree
Whether a condition imposed upon land by a zoning board must be directly related to and incidental to the proposed use of the property.