Legal Opinion

Sun-Brite Car Wash, Inc. v. Board of Zoning & Appeals

New York Court of Appeals

Decided April 28, 1987PublishedCited by 276 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

A property holder in nearby proximity to premises *410that are the subject of a zoning determination may have standing to seek judicial review without pleading and proving special damage, because adverse effect or aggrievement can be inferred from the proximity. Where, however, petitioner’s only substantiated objection is the threat of increased business competition — an interest not within the "zone of interest” protected by the zoning laws — even a close neighbor lacks standing to contest a zoning determination.

Sun-Brite Car Wash

In March 1984 respondents Gulf Oil…

2Cases cited14 opinions

  1. Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
  2. Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
  3. Dental Society v. CareyNew York Court of Appeals · 1984
  4. Prudco Realty Corp. v. PalermoNew York Court of Appeals · 1983
  5. Cord Meyer Development Co. v. Bell Bay Drugs, Inc.New York Court of Appeals · 1967

9 more not listed; retrieve them via the Exa API.

3Cited by276 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  3. Mobil Oil Corp. v. Syracuse Industrial Development AgencyNew York Court of Appeals · 1990
  4. Har Enterprises v. Town of BrookhavenNew York Court of Appeals · 1989
  5. Colella v. Board of AssessorsNew York Court of Appeals · 2000

271 more not listed; retrieve them via the Exa API.

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