Legal Opinion

North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of Thomaston

New York Court of Appeals

Decided March 24, 1972PublishedCited by 153 opinions

1Opinion of the CourtBurke, J.

In this article 78 proceeding, appellant North Shore Steak House, Inc. (hereafter North Shore) seeks to review a decision of the Board of Appeals of the Village of Thomaston (hereafter the Board) denying North Shore’s application for: (1) a special exception permit to extend its parking area, on its split zoned lot, 25 feet into a single-family residence district, and (2) a hardship variance permitting accessory parking on the residentially zoned property beyond the 25-foot strip.

North Shore is the lessee of a plot of land used for a restaurant on the northwest corner of Northern Boulevard…

2Cases cited4 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Matter of Reed v. Bd. of Standards AppealsNew York Court of Appeals · 1931
  3. Oursler v. Board of Zoning AppealsCourt of Appeals of Maryland · 1954
  4. Bar Harbour Shopping Center, Inc. v. AndrewsNew York Supreme Court · 1959

3Cited by153 opinions

  1. Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
  2. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  3. WEOK Broadcasting Corp. v. Planning BoardNew York Court of Appeals · 1992
  4. Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
  5. MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. WagnerNew York Court of Appeals · 1977

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