St. Onge v. Donovan; Driesbaugh v. Gagnon

522 N.E.2d 1019 (1988)

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St. Onge v. Donovan; Driesbaugh v. Gagnon

Court of Appeals of New York
522 N.E.2d 1019 (1988)

Facts

In St. Onge v. Donovan, St. Onge (plaintiff) purchased a house for use in his real estate business. The house had previously been used for a real estate business, but was operating as such due to a zoning variance permitting commercial use for the property. The variance stated that it would not run with the land, and thus would be extinguished once the property was transferred. St. Onge challenged this, with the trial court determining that the variance had no time limitation. In Driesbaugh v. Gagnon, Driesbaugh (plaintiff) operated two auto repair shops. He obtained a variance allowing him to conduct business on one of the plots that would not have been permissible otherwise. However, the variance was conditioned on the phasing out of Driesbaugh’s other location within two years. Driesbaugh challenged this condition.

Rule of Law

Issue

Holding and Reasoning (Alexander, J.)

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