Friends of Pine Bush v. Planning Board

Staley, Jr., and Herlihy, JJ.,

dissent and vote to affirm in the following

memorandum by Herlihy, J. Herlihy, J. (dissenting). To convert private land to a public use would require a public ownership, as found by Special Term, and the land herein is privately owned. Section 38 of the General City Law provides as follows: "Any person or persons, jointly or severally aggrieved by any decision of the planning board concerning such plat or the changing of the zoning regulations of such land, or any officer, department, board or bureau of the city, may obtain a review in the manner provided by the…