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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118811
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can the Town of Lenox in NY deny me the ability to run a

Customer Question

Can the Town of Lenox in NY deny me the ability to run a horse farm to board horses and give riding lessons on 24 acres of agricultural/residential zoned land that was purchasedf for that purpose and a building permit issued by the Town codes officer to indoor riding facility and stable area ? Three months after the barn was built and horses were moved in the Town notified me that I needed to apply for a"Special Use Permit" as horse farms were not considered agricultural but commercial and the neighbor living about 200ft. Away said the horses were too noisy and caused too much traffic on the country road.The Permit requires a long list of expensive items from planting trees to attenuate noise to special landscaping and a secptic and lavatory which is not necessary.but would have been installed in a few years. The land was for sale for many years and could have been purchased by the nearby resident and he did use it as his own hunting ground The Town knew why we purchased the land and issued the building permit knowing exactly what the intended use was going to be. We should have been notified of the special restrictions prior to Building Permit issue at which time I would have cancelled the whole project. Do I have any recourse? Sarah Agan *****Vernon NY 13476 (###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the town granted a permit for the purpose then you would have to sue the town, since their issuance of the permit would be your grant of permission for the specified use. If the town can prove that the permit was issued in error and that your use violates the zoning, they can actually revoke the permit and in order to overcome their revocation you would have to show this was their fault and you incurred significant expense based on detrimental reliance on their permit and ask the court to force them to approve the special use permit as it is. But, yes, if the town made an error they can come back and revoke a permit issued in error and your recourse is an appeal through the zoning board first and if they deny you then filing suit in court based on your detrimental reliance on their permit approval.