Legal Opinion

Hays v. Walrath

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

Decided April 6, 2000PublishedCited by 7 opinions

1Opinion of the CourtSpain, J.

Appeal from a judgment of the Supreme Court (Sise, J.), entered October 1, 1999 in Fulton County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Code Enforcement Officer issuing a building permit to respondents Joseph Herms and Theresa Herms.

Respondents Joseph Herms and Theresa Herms own a parcel of lakefront property on Canada Lake in the Town of Caroga, Fulton County. They twice unsuccessfully applied to the Town Zoning Board of Appeals (hereinafter the ZBA) for a variance to build a residence on the parcel.…

2Cases cited3 opinions

  1. Engert v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1989
  2. Jonas v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 1985
  3. Parisella v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by7 opinions

  1. Town of Caroga v. HermsAppellate Division of the Supreme Court of the State of New York · 2009
  2. Camardo v. MichelmanAppellate Division of the Supreme Court of the State of New York · 2004
  3. East Lake George House Marina v. Lake George Park CommissionAppellate Division of the Supreme Court of the State of New York · 2010
  4. Purr Fect World, Inc. v. City of CortlandAppellate Division of the Supreme Court of the State of New York · 2008
  5. C L & F Development, LLC v. WeissAppellate Division of the Supreme Court of the State of New York · 2008

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