Legal Opinion

Herrington v. Town of Mexico

New York Supreme Court

Decided October 15, 1977PublishedCited by 1 opinion

1Opinion of the CourtEdward F. McLaughlin, J.

Petitioner initiated this pro*862ceeding under CPLR article 78, returnable at Special Term, seeking relief from an adverse determination by the respondent, Town of Mexico, concerning an application for a permit to place a mobile home on a certain site in the Town of Mexico.

Petitioner contends that denial of the application by the Town Zoning Board of Appeals is arbitrary and capricious and attacks the constitutional validity of section 540 (subd 4, par D) of the town zoning ordinance. Respondent contends that the ordinance is a valid exercise of the town’s police power in promoting the health,…

2Cases cited12 opinions

  1. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  2. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  3. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  4. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
  5. Berenson v. Town of New CastleNew York Court of Appeals · 1975

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3Cited by1 opinion

  1. Servatius v. Town of VeronaNew York Supreme Court · 1984

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