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Atlas Henrietta, LLC v. Town of Henrietta Zoning Board of Appeals

New York Supreme Court

Decided February 19, 2013PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

J. Scott Odorisi, J.

This is a hybrid Civil Practice Law and Rules articles 30 and 78 special proceeding seeking: (1) a reversal of the respondent/ defendant Town of Henrietta Zoning Board of Appeals’ (ZBA) determination upholding three notices of violation (NOV) issued against petitioners/plaintiffs (petitioners) in regard to various rental properties; (2) a permanent injunction prohibiting the Town of Henrietta (the Town) from enforcing the NOVs; (3) a declaratory judgment adjudicating that the subject rental properties qualify as prior legal existing uses and are thus…

2Cases cited43 opinions

  1. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  2. Howard v. WymanNew York Court of Appeals · 1971
  3. Solnick v. WhalenNew York Court of Appeals · 1980
  4. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  5. Morgenthau v. ErlbaumNew York Court of Appeals · 1983

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3Cited by1 opinion

  1. Matter of Weikel v. Town of W. TurinAppellate Division of the Supreme Court of the State of New York · 2018

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