NY Appellate Court Holds Individuals are Equally Liable for Violating Zoning Laws Whether They Act in a Personal or Corporate Capacity | LAW OF THE LAND

by Patricia Salkin

This post was authored by Amy Lavine, Esq.

Individuals can be held liable for zoning violations regardless of whether they acted at their own behest or on behalf of a corporation. The defendant in the case, Claudia Dowling, argued unsuccessfully that she could not be held personally liable for operating an unlawful commercial use in a residential district because her conduct was undertaken in her capacity as a corporate officer for Claudia Dowling, Inc. The court also rejected her claim that the commercial use qualified as a permissible accessory use, but it ruled in her favor that stop work orders issued for the unlawful use were invalid because they did not relate to any building code violations.

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