The Urban Lawyer

Nonconforming Uses and Development Agreements

by W. Andrew Gowder, Jr.

W. Andrew Gowder, Jr., is a founding partner of Austen & Gowder, LLC in Charleston, South Carolina; his practice involves counseling clients, litigation, and dispute resolution in the areas of real estate and land use, eminent domain and inverse condemnation, local and state government, corporate formation and governance for profit and nonprofit organizations, business transactions, the environment, natural resources, land conservation, and historic preservation.


Nonconforming Uses

Matter of Sand Land Corp. v. Zoning Bd. of Appeals of Town of Southampton, 2016 NY Slip Op 02372, 137 A.D.3d 1289, 28 N.Y.S.3d 405 (App. Div.)

SAND LAND CORPORATION OWNS A 50-ACRE PARCEL of real property in a residential zoning district in the Town of Southampton. An operator conducted certain mining and reclamation activities on that property under a contract with Sand Land. Neighbors commenced an action to enjoin Sand Land from using the property for these uses that, they alleged, violated the Town’s zoning code (see Phair v. Sand Land Corp., infra).

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