Legal Opinion
Pelham Esplanade, Inc. v. Board of Trustees
New York Court of Appeals
Decided November 29, 1990PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
Property owner Pelham Esplanade, Inc. (Esplanade) sought annulment of a determination of the appellant Board of Trustees of the Village of Pelham Manor (Village) denying its application to reconstruct a nonconforming multiple-family dwelling which was destroyed by fire. The dwelling was one of two apartment buildings located on Esplanade’s property. The Board denied the application based on the provision in the Village Zoning Ordinance which prohibits rebuilding a nonconforming structure if it is damaged to the extent of more than 50% of its value. The Board…
2Cases cited10 opinions
- People v. MillerNew York Court of Appeals · 1952
- MATTER OF HARBISON v. City of BuffaloNew York Court of Appeals · 1958
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- State Ex Rel. Covenant Harbor Bible Camp v. SteinkeWisconsin Supreme Court · 1959
- Matter of Koeber v. BedellNew York Court of Appeals · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
- Oates v. Village of Watkins GlenAppellate Division of the Supreme Court of the State of New York · 2002
- Rudolf Steiner Fellowship Foundation v. De LucciaNew York Court of Appeals · 1997
- Buffalo Crushed Stone, Inc. v. Town of CheektowagaNew York Court of Appeals · 2009
- Village of Valatie v. SmithNew York Court of Appeals · 1994
15 more not listed; retrieve them via the Exa API.