Commco, Inc. v. Amelkin
New York Court of Appeals
POINTS OF COUNSEL I. There is no legal precedent, in case law or statute, for what the Town Board did in this case. {Board of Supervisors v Bowen, 4 Lans 24; Matter of Town Bd. v Zoning Bd., 7 Mise 2d 210; Bowman v Squillace, 74 AD2d 887; Matter ofBachety v Volz, 65 Mise 2d 176, 39 AD2d 842; Town of Greece v Smith, 256 App Div 886; Matter ofAndgar Assoc, v Board of Zoning Appeals, 30 AD2d 672, 22 NY2d 648; Blumberg v Town of North Hempstead, 114 Mise 2d 8; Jaffe v Burns, 64…
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POINTS OF COUNSEL I. There is no legal precedent, in case law or statute, for what the Town Board did in this case. {Board of Supervisors v Bowen, 4 Lans 24; Matter of Town Bd. v Zoning Bd., 7 Mise 2d 210; Bowman v Squillace, 74 AD2d 887; Matter ofBachety v Volz, 65 Mise 2d 176, 39 AD2d 842; Town of Greece v Smith, 256 App Div 886; Matter ofAndgar Assoc, v Board of Zoning Appeals, 30 AD2d 672, 22 NY2d 648; Blumberg v Town of North Hempstead, 114 Mise 2d 8; Jaffe v Burns, 64 AD2d 692.) II. Under the circumstances of this case, the Zoning Board was authorized to employ its own counsel. (Cahn v…
1DissentMeyer, J.
Because the majority overemphasizes the procedural at the expense of the substantive aspects of this matter, misreads the pertinent provisions of the Town Law and adopts a position which is both contrary to the majority rule and, in my view, wrong as a matter of policy, I respectfully dissent.
Governance of a town is by section 51 of the Town Law placed in the Town Board which, under that law, is “the legislative, appropriating, governing and policy determining body of the town and shall have and exercise all such powers and duties as are conferred or imposed upon it or are necessarily…
2Cases cited25 opinions
- Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
- Village of Bronxville v. FrancisAppellate Division of the Supreme Court of the State of New York · 1956
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- Village of Bronxville v. FrancisNew York Court of Appeals · 1956
- INHABITANTS OF TOWN OF BOOTHBAY, ETC. v. RussellSupreme Judicial Court of Maine · 1980
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