Legal Opinion
Jalowiec v. Reile
New York Supreme Court
Decided January 13, 1970PublishedCited by 3 opinions
1Opinion of the CourtJohn B. Tenney, J.
In this article 78 proceeding, petitioners ask the court to review a determination of the Board of Trustees of the Village of Herkimer. There is no appearance by the village. A citizen of the village has intervened in the proceeding and moves to dismiss the petition as untimely and because the court has no jurisdiction in the subject matter.
Petitioners applied to the Village Board for a zoning change. On March 3, 1969, a public hearing was held and a written protest to the change was filed with the board. Apparently, the protest was not then signed by the required 20% of the property owners…
2Cases cited4 opinions
- Matter of Neddo v. SchradeNew York Court of Appeals · 1936
- Komp v. State Tax CommissionNew York Supreme Court · 1968
- Atlantic Refining Co. v. Village of Sloan Board of AppealsNew York Supreme Court · 1958
- Bismarck v. Inc. Village of BayvilleNew York Supreme Court · 1963
3Cited by3 opinions
- Ryan Homes, Inc. v. Town Board of MendonNew York Supreme Court · 2005
- Elle v. NeenanNew York Supreme Court · 1972
- Parisi v. City of GloucesterMassachusetts Appeals Court · 1975