# Darcy v. Zoning Board of Appeals of Rochester

> Appellate Division of the Supreme Court of the State of New York · July 14, 1992 · 185 A.D.2d 624

URL: https://www.frixlaw.com/law-library/cases/5951587

## Case

- **Full name:** Jack A. Darcy v. Zoning Board of Appeals of the City of Rochester
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 14, 1992
- **Citations:** 185 A.D.2d 624; 586 N.Y.S.2d 44; 1992 N.Y. App. Div. LEXIS 9141
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5951587

## Opinion text

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition and annulled the Zoning Board’s determination that the nonconforming restaurant use at 75 Marshall Street had not been discontinued or abandoned. Section 115-96 (9) (a) of the Rochester City Code provides: "When a nonconforming use * * * is discontinued or abandoned for a period of six (6) consecutive months, regardless of any reservation of an intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed.” It is undisputed that the property had not been used as a restaurant for at least 20 months. Thus, the nonconforming use had been discontinued well beyond the specified period, and the ordinance expressly forecloses inquiry into the owner’s intent to resume or not to abandon (see, Matter of Sun Oil Co. v Board of Zoning Appeals, 57 AD2d 627 , affd 44 NY2d 995 ; Village of Spencerport v Webaco Oil Co., 33 AD2d 634 ; 1 Anderson, New York Zoning Law and Practice §§ 6.46-6.47 [3d ed]). (Appeal from Judgment of Supreme Court, Monroe County, Strobridge, J.—Article 78.) Present—Callahan, J. P., Green, Lawton, Boehm and Davis, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5951587. Public record. Not legal advice.