Legal Opinion

Bellanca v. Gates

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

Decided November 4, 1983PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously reversed, with costs, petition granted and determination annulled. Memorandum: Transmation, Inc., the contract vendee under a purchase agreement covering the subject parcel, applied to respondent for a use variance. The 33-acre parcel has approximately eight acres zoned commercial, while the rest is zoned residential. Transmation sought a use variance permitting it to use the entire parcel for industrial purposes. The variance was granted, and petitioners now seek to have that determination annulled. The petition is granted. “[A] landowner who seeks a use variance must…

2Cases cited3 opinions

  1. Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
  2. Village Board v. JarroldNew York Court of Appeals · 1981
  3. Carroll v. IngramAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by6 opinions

  1. Varley v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1987
  2. Cohen v. HahnAppellate Division of the Supreme Court of the State of New York · 1989
  3. Cortese v. Avis Rent a Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Reeder v. SzmigelAppellate Division of the Supreme Court of the State of New York · 1985
  5. Catholic Charities of Diocese v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1991

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