Legal Opinion
Raritan Development Corp. v. Silva
New York Court of Appeals
Decided October 28, 1997PublishedCited by 123 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Respondents, the Commissioners of the Board of Standards and Appeals of the City of New York (BSA), argue that this Court should defer to the agency’s interpretation of section 12-10 of New York City’s Zoning Resolution. However, when an interpretation is contrary to the plain meaning of the statutory language, we have typically declined to enforce an agency’s conflicting application thereof. We see no compelling reason to depart from that long-established rule in this case.
In calculating the Floor Area Ratio (FAR) for zoning purposes, floor area includes the…
2Cases cited9 opinions
- Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
- Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
- Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
- Jennings v. New York State Office of Mental HealthNew York Court of Appeals · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Doo Nam Yang v. ACBL CORP.District Court, S.D. New York · 2005
- New York Botanical Garden v. Board of Standards & AppealsNew York Court of Appeals · 1998
- Fappiano v. New York City Police DepartmentNew York Court of Appeals · 2001
- Amorosi v. South Colonie Independent Central School DistrictNew York Court of Appeals · 2007
118 more not listed; retrieve them via the Exa API.