Legal Opinion

Calcagno v. Town Board of Webster

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

Decided March 19, 1943PublishedCited by 16 opinions

1Per curiam

This appeal is from an order- of the Special Term confirming the report of the official referee appointed pursuant to section 267 of the Town Law to review a determination of the Board of Appeals of the town of Webster. The Board of Appeals denied petitioners’ application for a variance permitting them to operate a commercial gravel pit on their land. The order appealed from annuls the determination of the board and directs the issuance of the permit.

The petitioners’ property is located in a zoning district known as “ Agricultural-Residence B ” zone. The operation of a commercial gravel pit…

2Cases cited5 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  3. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  4. People Ex Rel. Hudson-Harlem Valley Title & Mortgage Co. v. WalkerNew York Court of Appeals · 1940
  5. People v. Calvar CorporationNew York Court of Appeals · 1941

3Cited by16 opinions

  1. City of East Chicago v. Sinclair Refining Co.Indiana Supreme Court · 1953
  2. Corbett v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1954
  3. Stice v. Gribben-Allen Motors, Inc.Supreme Court of Kansas · 1975
  4. Griest v. HooeyNew York Supreme Court · 1954
  5. Cunningham v. Planning Board of the Town of BrightonAppellate Division of the Supreme Court of the State of New York · 1957

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