ESQ HQNEW YORK LAW WATCH

Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05636

Matter of Niagara Metals, LLC v City of Buffalo Zoning Bd. of Appeals

Read the official decision: 2026 NY Slip Op 05636

Holding The court confirmed the Zoning Board of Appeals’ determination that the nonconforming use of the property as a scrap yard was not abandoned, finding that ongoing remediation constituted a continuation of the use. The court also affirmed that no use variance was required for the new operator to engage in similar operations.

The court’s words

the ongoing remediation of the scrap yard through the New York State Brownfield Cleanup Program constituted a continuation of the nonconforming junk yard or scrap yard use

2026 NY Slip Op 05636, at the official text

the determination of a zoning board regarding the continuation of a preexisting nonconforming use must be sustained if it is rational and supported by substantial evidence

2026 NY Slip Op 05636, at the official text

proof outside the administrative record should not be considered

2026 NY Slip Op 05636, at the official text
CourtAppellate Division, Fourth Department
DecidedOctober 2, 2026
Citation2026 NY Slip Op 05636
Area of lawEnvironmental, Land Use and Eminent Domain
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05636
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id835

Recommended citation

ESQ HQ, New York Law Watch, Matter of Niagara Metals, LLC v City of Buffalo Zoning Bd. of Appeals, 2026 NY Slip Op 05636 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05636/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 2, 2026. Updated October 2, 2026.