Legal Opinion
Payne v. Taylor
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 1991PublishedCited by 6 opinions
1Opinion of the Court
— Judgment unanimously affirmed without costs. Memorandum: The determination of the Zoning Board of Appeals granting a special use permit to construct a 400 foot antenna tower in a residential district to facilitate the supply of cellular telephone service was not arbitrary, capricious or irrational and is supported by substantial evidence and should be confirmed (see, Matter of Fuhst v Foley, 45 NY2d 441, 444-445). None of the objections raised by petitioners, neighbors residing in the area, has merit. The Board properly determined that the tower is a "public utility building.” This term is…
2Cases cited5 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- H.O.M.E.S. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Frishman v. SchmidtNew York Court of Appeals · 1984
- Brew v. HessAppellate Division of the Supreme Court of the State of New York · 1986
- Jaffee v. RCI Corp.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by6 opinions
- Cellular Telephone Co. v. RosenbergNew York Court of Appeals · 1993
- Curtis v. Board of AppealsHawaii Supreme Court · 1999
- Nynex Mob. Comm. Co. v. Hazlet Tp.New Jersey Superior Court Appellate Division · 1994
- West Beekmantown Neighborhood Ass'n v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2008
- Cellular Telephone Co. v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1992
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