Legal Opinion

Bartholomay v. Zoning Board of Appeals

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

Decided May 22, 1979PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously reversed, without costs, and matter remitted to zoning board of appeals for further proceedings in accordance with the following memorandum: Respondents, officials of the City of Rochester, and the property owner, appeal from a judgment of Special Term which annulled two variances relating to property owned by respondent Carter. Special Term did not reach the merits but determined that the zoning board lacked subject matter jurisdiction because the board had not notified at least 25 owners of property adjacent to the rezoned parcel as required by the city ordinance…

2Cases cited7 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
  3. Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
  4. Kenyon v. QuinonesAppellate Division of the Supreme Court of the State of New York · 1973
  5. Zelenski v. Incorporated Village of PatchogueAppellate Division of the Supreme Court of the State of New York · 1976

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3Cited by2 opinions

  1. Kuhn v. Town of JohnstownAppellate Division of the Supreme Court of the State of New York · 1998
  2. Village Board of Village of Fayetteville v. JarroldAppellate Division of the Supreme Court of the State of New York · 1980

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