Legal Opinion
St. Onge v. Donovan
New York Court of Appeals
Decided March 31, 1988PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
In Matter of Dexter v Town Bd. (36 NY2d 102), we held that conditions imposed on the grant of a variance must relate only to the use of the property that is the subject of the variance without regard to the person who owns or occupies that property. This fundamental principle was violated by the local zoning board in each case. Consequently, the order of the Appellate Division in St. Onge v Donovan must be reversed, and the order of the Appellate Division in Driesbaugh v Gagnon modified.
I
A
In St. Onge v Donovan, petitioners contracted to purchase a two-story…
2Cases cited25 opinions
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- People v. MillerNew York Court of Appeals · 1952
- Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
- Village Board v. JarroldNew York Court of Appeals · 1981
- Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
20 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Stop & Shop Supermarket Co. v. Board of AdjustmentSupreme Court of New Jersey · 2000
- Omnipoint Communications, Inc. v. Common Council of City of PeekskillDistrict Court, S.D. New York · 2002
- City of New York v. Delafield 246 Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Clinton v. SummersAppellate Division of the Supreme Court of the State of New York · 1988
- Kasper v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1988
74 more not listed; retrieve them via the Exa API.