Legal Opinion

Corter v. Zoning Board of Appeals for the Village of Fredonia

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1974PublishedCited by 15 opinions

1Opinion of the CourtGoldman, J.

The Zoning Board of Appeals of Fredonia (Board) and Max and Sally Rubenstein (Intervenors) appeal from a judgment which annulled the Board’s denial of respondent’s application for a variance which would permit respondent to construct a swimming pool in his backyard. The judgment directed the Board to approve the application and ordered the Building Inspector to issue a zoning permit. In granting the relief requested in this article 78 proceeding Special Term determined that the swimming pool was not a ‘ ‘ structure ’ ’, as defined in the village ordinance, and cited for its authority Matter…

2Cases cited5 opinions

  1. National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
  2. Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
  3. MATTER OF FULLING v. PalumboNew York Court of Appeals · 1967
  4. Scott v. Board of Appeal of WellesleyMassachusetts Supreme Judicial Court · 1969
  5. Albini v. Board of AppealsNew York Supreme Court · 1964

3Cited by15 opinions

  1. Frishman v. SchmidtNew York Court of Appeals · 1984
  2. Bockis v. KayserAppellate Division of the Supreme Court of the State of New York · 1985
  3. Point Lookout Civic Ass'n v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1983
  4. City of Syracuse v. HueberAppellate Division of the Supreme Court of the State of New York · 1976
  5. Saglibene v. BaumAppellate Division of the Supreme Court of the State of New York · 1998

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