Inc. Village of Asharoken v. Pitassy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
The central issue to be resolved herein is whether the defendant Sandpiper Farm Riding School, Inc. (hereinafter Sandpiper), constitutes a "private school” within the meaning of the Village of Asharoken Zoning Ordinance § 301 (5), thereby qualifying it for categorization as a permitted use pursuant to said ordinance. Although the issue of whether a riding academy can be considered a school for zoning purposes has been touched upon by several courts at the trial level, there is a dearth of appellate authority on the issue in this jurisdiction.
The underlying…
2Cases cited23 opinions
- Marcus v. Village of MamaroneckNew York Court of Appeals · 1940
- Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.New York Court of Appeals · 1979
- Westchester Reform Temple v. BrownNew York Court of Appeals · 1968
- Westchester County S.P.C.A. v. MengelNew York Court of Appeals · 1944
- Thomson Industries, Inc. v. Incorporated Village of Port Washington NorthNew York Court of Appeals · 1970
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3Cited by8 opinions
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- Marino v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2009
- Lamar Advertising of Penn, LLC v. PitmanAppellate Division of the Supreme Court of the State of New York · 2004
- Sullivan Farms IV, LLC v. Village of WurtsboroAppellate Division of the Supreme Court of the State of New York · 2015
- Elichar Realty Corp. v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.