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
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 2, 2026 |
| Citation | 2026 NY Slip Op 05636 |
| Area of law | Environmental, Land Use and Eminent Domain |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05636 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 835 |
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.
Read how Law Watch works