Legal Opinion
Bella Vista Apartment Co. v. Bennett
New York Court of Appeals
Decided February 6, 1997PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
Petitioner, Bella Vista Apartment Co., a real estate developer, planned to build a 14-floor apartment house on its residentially zoned Lot 186 in Queens. The lot fell short, however, of the requisite floor area ratio (FAR) and bulk zon ing specifications (see, NY City Zoning Resolution § 23-141). The owner of the adjoining Lot 185 had secured for itself a commercial use variance from New York City’s Board of Standards and Appeals (BSA) to build a movie theater. Thereafter, in 1986, Bella Vista purchased 120,000 feet of development rights, including 30,000 feet…
2Cases cited5 opinions
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Village Board v. JarroldNew York Court of Appeals · 1981
- Clearview Gardens Pool Club, Inc. v. FoleyAppellate Division of the Supreme Court of the State of New York · 1963
- MATTER OF CLEARVIEW GARDENS POOL CLUB, INC. v. FoleyNew York Court of Appeals · 1964
- Bella Vista Apartment Co. v. BennettNew York Supreme Court · 1992
3Cited by5 opinions
- SoHo Alliance v. New York City Board of Standards & AppealsNew York Court of Appeals · 2000
- Matter of DeFeo v. Zoning Bd. of Appeals of Town of BedfordAppellate Division of the Supreme Court of the State of New York · 2016
- Dreikausen v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
- SoHo Alliance v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2000
- SoHo Alliance v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2000