Legal Opinion

Matter of Rosbar Co. v. Bd. of Appeals of the City of Long Beach

New York Court of Appeals

Decided March 24, 1981PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The prior nonfinal order of the Appellate Division dated January 22, 1979 having been reviewed, the order of that court dated July 7, 1980 should be affirmed, with costs.

There is substantial evidence in the record to support the finding of the board of appeals that there had been such a change in use of the subject premises as to cause it to lose its nonconforming status. There was proof that what was in essence a seasonal summer hotel had been converted to a year-round facility for senior citizens with a consequent significant increase in demand for municipal…

2Cited by14 opinions

  1. Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
  2. MATTER OF PMS ASSETS, LTD. v. Zoning Board of Appeals of Village of PleasantvilleNew York Court of Appeals · 2002
  3. Albert v. Board of Standards & Appeals of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  4. Garcia v. HolzeAppellate Division of the Supreme Court of the State of New York · 1983
  5. DeFalco v. DeChanceDistrict Court, E.D. New York · 2013

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