Legal Opinion

Save the Pine Bush, Inc. v. Zoning Board

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

Decided May 23, 1996PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Mikoll, J. P.

On February 2, 1994, respondent Michael Giovanone signed a contract to purchase a six-acre parcel of real property owned by OMF of Albany and located on Apollo Drive in the Town of Guilderland, Albany County. The parcel is adjacent to one of the last viable Karner Blue Butterfly populations and is within the primary protection area of the Pine Bush Preserve (see, e.g., Matter of Save the Pine Bush v City of Albany, 70 NY2d 193, 200; see also, Matter of Save The Pine Bush v Common Council, 188 AD2d 969). The sale was made contingent upon Giovanone receiving…

2Cases cited19 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Fuhst v. FoleyNew York Court of Appeals · 1978
  3. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  4. Village Board v. JarroldNew York Court of Appeals · 1981
  5. Jayne Estates, Inc. v. RaynorNew York Court of Appeals · 1968

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3Cited by17 opinions

  1. Signature Health Center, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  2. Mack v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2006
  3. 92 MM Motel, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  4. Jones v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Zupa v. Zoning Board of Appeals of Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 2009

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