Legal Opinion

Holmes & Murphy, Inc. v. Bush

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1958PublishedCited by 5 opinions

1Per curiam

This is an appeal from an order of the Special Term dismissing a proceeding under article 78 of the Civil Practice Act brought to review the denial by the zoning board of appeals of the Village of Orchard Park of the petitioner’s application for a permit to build a concrete ready-mix plant in the village of Orchard Park.

On January 4, 1956, the petitioner applied to the board of trustees of the village for a permit to erect a block and steel building to be used as a shed and concrete ready-mix plant. The petitioner, for over 25 years, had used its premises for the storage and repair of highway…

2Cases cited2 opinions

  1. People Ex Rel. Fordham Manor Reformed Church v. WalshNew York Court of Appeals · 1927
  2. Gilbert v. StevensAppellate Division of the Supreme Court of the State of New York · 1954

3Cited by5 opinions

  1. Woodhouse v. Bd. of Com'rs of Town of Nags HeadSupreme Court of North Carolina · 1980
  2. Value Oil Company v. Town of IrvingtonNew Jersey Superior Court Appellate Division · 1977
  3. Goldstein v. Board of Zoning AppealsNew York Supreme Court · 1982
  4. Herman v. FossellaAppellate Division of the Supreme Court of the State of New York · 1979
  5. Lopes v. Fire Board of AppealsNew York Supreme Court · 1976

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