In the Matter of Toys "R" US, a New York Limited Partnership, Respondent v. Gaston Silva, as Chairman of City of…

Summary

The New York Court of Appeals held that abandonment of a nonconforming use under Zoning Resolution § 52‑61 requires substantial, not complete, discontinuation of active operations and that the owner's good‑faith intent is irrelevant; applying that standard, the Court found Morgan had substantially discontinued warehouse use and reversed the lower courts, dismissing the petition to reinstate the building permit.