Legal Opinion

Andrasko v. Board of Trustees of Hamburg

New York Supreme Court

Decided September 4, 1996Published

1Opinion of the Court

OPINION OF THE COURT

Frank A. Sedita, Jr., J.

The relevant issue on this motion is whether a 30 day or a *1048four month Statute of Limitations applies to a challenge to a rezoning of property by the Trustees of the Village of Hamburg.

In what appears to be a case of first impression, this court is asked to determine if the Trustees of the Village of Hamburg qualify as a "board” within the meaning of section 7-712-c of the Village Law.

Subdivision (1) of this section states: "Any person or persons, jointly or severally aggrieved by any decision of the board of appeals or any officer, department, board…

2Cases cited4 opinions

  1. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  2. Save Pine Bush, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1981
  3. King v. ChmielewskiNew York Court of Appeals · 1990
  4. South Woodbury Taxpayers Ass'n v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1980

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