Burger King Corp. v. Furey

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Incorporated Village of Valley Stream, dated October 27,1980 and made after a public hearing, which denied petitioner’s application for permission to install a “drive-thru window” as an accessory use to a business it operates in a retail business district. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. On this record, the board of trustees was warranted in concluding that “[t]he hearing failed to produce any credible evidence that the applicant…