Legal Opinion

Hill v. Planning Board of Amherst

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

Decided May 27, 1988PublishedCited by 2 opinions

1Opinion of the Court

Memorandum: Petitioners commenced this CPLR article 78 proceeding challenging the site plan approval granted by the Town of Amherst Planning Board to permit Andersons Frozen Custard, Inc. to build and operate a frozen custard stand and restaurant at 6075 Main Street in the Town of Amherst. Special Term dismissed the petition. We affirm.

*968Town Law § 274-a (1) (a) enables the Town Board to authorize a Planning Board to review and approve site plans. In accordance with the enabling statute, the Town of Amherst vested its Planning Board (Board) with this authority in its zoning ordinance (Town of…

2Cases cited4 opinions

  1. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  2. Moriarty v. Planning Board of Village of SloatsburgAppellate Division of the Supreme Court of the State of New York · 1986
  3. Sciolino v. RyanAppellate Division of the Supreme Court of the State of New York · 1981
  4. Apache Associates v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. Mobil Oil Corp. v. City of Syracuse Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1996
  2. Opn. No., New York Attorney General Reports1998

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