Legal Opinion

Wiehe v. Town of Babylon

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

Decided January 14, 1991PublishedCited by 5 opinions

1Opinion of the Court

In a consolidated proceeding pursuant to CPLR article 78 to compel the issuance of a building permit and action for a judgment declaring invalid a resolution changing the zoning classification of the subject premises from Business "E” to Residential "D”, the municipal parties appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Brown, J.), entered June 2, 1988, as, after a nonjury trial, granted the petition in the proceeding pursuant to CPLR article 78, and the petitioners-plaintiffs have filed a notice of cross appeal from the judgment.

Ordered…

2Cases cited5 opinions

  1. Pokoik v. SilsdorfNew York Court of Appeals · 1976
  2. Aversano v. Two Family Use Board of BabylonAppellate Division of the Supreme Court of the State of New York · 1986
  3. Bibeau v. Village Clerk of Village of Tuxedo ParkAppellate Division of the Supreme Court of the State of New York · 1988
  4. McDonald's Corp. v. Village of ElmsfordAppellate Division of the Supreme Court of the State of New York · 1989
  5. Rocco v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by5 opinions

  1. Figgie International, Inc. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1994
  2. Home Depot U.S.A., Inc. v. Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2002
  3. Lucrezia v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2003
  4. S.D. Office Equipment Co. v. PhilbrickAppellate Division of the Supreme Court of the State of New York · 1998
  5. Golden Horizon Terryville Corp. v. PrusinowskiAppellate Division of the Supreme Court of the State of New York · 2012

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