Legal Opinion
Rouse v. O'Connell
New York Supreme Court
Decided February 7, 1974PublishedCited by 7 opinions
1Opinion of the CourtLeon D. Lazer, J.
This article 78 proceeding against the Planning Board of the Town of Islip places in issue the meaning of section 281 of the Town Law for the petitioners have challenged the approval under that statute of a cluster-type subdivision plat. The contested determination modified applicable zoning regulations by approving a map containing 43 lots ranging from 11,500 to 26,000 square feet in area in a Residence AA District which requires a minimum of 20,000 square feet per lot.
Section 281 of the Town Law provides in part: “ The town board is hereby empowered by resolution to authorize the planning…
2Cases cited29 opinions
- State ex rel. State Railway Commission v. RamseyNebraska Supreme Court · 1949
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Aleksich v. Industrial Accident FundMontana Supreme Court · 1944
- Peace v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by7 opinions
- Delaware Midland Corp. v. Incorporated Village of Westhampton BeachNew York Supreme Court · 1974
- Incorporated Village v. Guardian Federal Savings & Loan Ass'nNew York Supreme Court · 1976
- Kamhi v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
- Kanaley v. BrennanNew York Supreme Court · 1983
- Hen House Interstate, Inc. v. State Highway CommissionMissouri Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.