Legal Opinion

Gershowitz v. Planning Board

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

Decided July 30, 1979PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The prime issue to be decided on this appeal is whether the operation of an automobile shredder on petitioner’s premises was a permitted use as of right without the need for a special permit in a light industry (L-1 industrial) zone under section 85-154 of the Brookhaven Town Code. Special Term held that the proposed use and the ordinance involved in this proceeding were "virtually indistinguishable” from those involved in the recent cases of Matter of De Masco Scrap Iron & Metal Corp. v Zirk (62 AD2d 92, affd 46 NY2d 864) and Matter of *463Allmendinger v Ziegner (62 AD2d…

3Cases cited14 opinions

  1. Rice v. Van VrankenNew York Supreme Court · 1928
  2. Dubow v. RossAppellate Division of the Supreme Court of the State of New York · 1938
  3. People Ex Rel. Ortenberg v. BalesNew York Court of Appeals · 1929
  4. Syosset Holding Corp. v. SchlimmNew York Supreme Court · 1956
  5. B & G Constr. Corp. v. Bd. of Appeals of the Vill. of AmityvilleNew York Court of Appeals · 1955

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4Cited by6 opinions

  1. Moriarty v. Planning Board of Village of SloatsburgAppellate Division of the Supreme Court of the State of New York · 1986
  2. Pete Drown, Inc. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1996
  3. Rattner v. Planning CommissionAppellate Division of the Supreme Court of the State of New York · 1984
  4. Pittsford Plaza Associates v. SpiegelNew York Court of Appeals · 1985
  5. Mialto Realty, Inc. v. Town of PattersonAppellate Division of the Supreme Court of the State of New York · 1985

1 more not listed; retrieve them via the Exa API.

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