Legal Opinion

Matter of Birch Tree Partners, LLC v. Nature Conservancy

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

Decided November 19, 2014No. 2013-02682PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of East Hampton dated January 10, 2012, which, after a hearing, granted the application of the Nature Conservancy for a natural resources special permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, Jr., J.), entered February 1, 2013, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination of a local zoning board is entitled to great deference, and will be set aside only if it…

2Cases cited5 opinions

  1. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  2. Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Merlotto v. Town of Patterson Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2007
  4. Schumacher v. Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 2007
  5. Town of Hempstead v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by7 opinions

  1. Matter of Waterways Dev. Corp. v. Town of Brookhaven Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Affordable Homes of Long Is., LLC v. MonteverdeAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Grosso v. DeChanceAppellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Perry v. Patricia A. Brennan Qualified Personal Residence TrustAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Robert E. Havell Revocable Trust v. Zoning Bd. of Appeals of Vil. of MonroeAppellate Division of the Supreme Court of the State of New York · 2015

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