Legal Opinion
Spicer v. Holihan
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1990PublishedCited by 10 opinions
1Opinion of the Court
The petitioners purchased the subject premises located in the Village of Piermont, in late 1985. It is undisputed that the premises are situated in a strictly residential area, and had been operated as a tavern by the previous owner prior to zoning, and thereafter as a prior nonconforming use. The petitioners also concede that from the time they purchased the property, until the commencement of the instant proceeding in March 1988, they have not operated any type of business from these premises. The Village of Piermont Code § 112-85 provides that "whenever a nonconforming use has been…
2Cases cited4 opinions
- Sun Oil Co. of Pennsylvania v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1977
- Swartz v. WallaceAppellate Division of the Supreme Court of the State of New York · 1982
- Town of Islip v. P.B.S. Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- CBS Realty, Inc. v. NotoAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by10 opinions
- New Venture Realty, Ltd. v. FennellAppellate Division of the Supreme Court of the State of New York · 1994
- Matter of Warner v. Town of Kent Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
- Sapakoff v. Town of Hague Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1995
- Vite, Inc. v. Zoning Board of Appeals for Town of GreenvilleAppellate Division of the Supreme Court of the State of New York · 2001
- Prestige Roofing & Siding Co. v. BivonaAppellate Division of the Supreme Court of the State of New York · 1994
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