ELR Citation: 41 ELR 20321
No(s). 10-0485 (2d Cir. Oct 19, 2011)

The Second Circuit reversed a lower court decision dismissing a property owner's lawsuit against a zoning district that denied his variance request to build a single-family home on his land. The district denied his application because his proposal did not comply with a local zoning law that sets height restrictions for new structures in order to preserve views of the Hudson River. Contrary to the ruling of the lower court, the law is unconstitutionally vague as applied to his home because it provides inadequate notice of the elevation point from which he should have measured the height of his house to determine compliance. The law also authorizes arbitrary and discriminatory enforcement.