Legal Opinion

Burke v. Dickman

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

Decided April 30, 2004Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered May 2, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted the petition to annul the determination denying petitioner a special use permit.

*1164It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner applied to the Village Board of the Village of Orchard Park (Village Board) for a special use permit to construct an apartment complex, consisting of two buildings housing…

2Cases cited5 opinions

  1. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  2. MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997
  3. Wegmans Enterprises, Inc. v. LansingNew York Court of Appeals · 1988
  4. Leon Petroleum, LLC v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2003
  5. Feinberg v. Board of Appeals of SanfordAppellate Division of the Supreme Court of the State of New York · 2003

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