February 18, 2010
This responds to your inquiry (10-01) asking whether, as acting justice in the Village of __________, you may also serve as chair of the Zoning Board of Appeals for an adjoining village, which is a separate jurisdiction. Matters brought before the adjoining village’s zoning board are not brought before the village court where you serve as acting justice.
Since each village has its own zoning ordinance, appeals board and court, there would be no conflict in serving in both capacities. Enclosed, for your convenience, are Opinions 96-35 and 89-82 which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)