Legal Opinion
People Ex Rel. Smith v. Walsh
New York Court of Appeals
Decided April 7, 1925PublishedCited by 17 opinions
1Per curiam
We agree with the construction of the Building Zone Resolution by the Appellate Division. (211 App. Div. 205.) The determination of the board of appeals was, however, based on an erroneous theory. It did not hear and determine the question under section 20 of the resolution. Proper practice would require that the matter be returned to the board to decide the application of the property owners on the correct theory rather than the Appellate Division should pass on the merits of the application. (People ex rel. Dawley v. Wilson, 200 App. Div. 537; affd., 235 N. Y. 587.)
As it seems clear that…
2Cases cited3 opinions
- People ex rel. Smith v. WalshAppellate Division of the Supreme Court of the State of New York · 1924
- People ex rel. Dawley v. WilsonAppellate Division of the Supreme Court of the State of New York · 1922
- People Ex Rel. Dawley v. . WilsonNew York Court of Appeals · 1923
3Cited by17 opinions
- Matter of Reed v. Bd. of Standards AppealsNew York Court of Appeals · 1931
- Matter of Thomas v. Board of Standards AppealsNew York Court of Appeals · 1943
- Thomas v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1942
- Van Meter v. H. F. Wilcox Oil & Gas Co.Supreme Court of Oklahoma · 1935
- Hauser v. ArnessWashington Supreme Court · 1954
12 more not listed; retrieve them via the Exa API.