Legal Opinion

Bar Harbour Shopping Center, Inc. v. Andrews

New York Supreme Court

Decided October 23, 1959PublishedCited by 17 opinions

1Opinion of the CourtBernard S. Meyer, J.

This is an article 78 (Civ. Prac. Act) proceeding seeking a direction requiring the Village Board of Massapequa Park to issue a permit for a gasoline service station. The prayer of the petition is granted, and the matter is remanded to the board with directions.

Prior to February 11, 1952 the village Zoning Ordinance made such service stations a special permit use and provided for approval by the Board of Appeals. In February, 1952 the Zoning Ordinance was amended to prohibit all such service stations and it was not until November 10, 1958 when article XXVII was added to the Zoning Ordinance,…

2Cases cited41 opinions

  1. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  2. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
  3. People Ex Rel. Fordham Manor Reformed Church v. WalshNew York Court of Appeals · 1927
  4. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  5. Barry v. O'ConnellNew York Court of Appeals · 1951

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3Cited by17 opinions

  1. North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
  2. Rockville Fuel & Feed Co. v. Board of AppealsCourt of Appeals of Maryland · 1970
  3. Cummings v. Town Board of North CastleNew York Court of Appeals · 1984
  4. Kinderhill Farm Breeding Associates v. AppelDistrict Court, S.D. New York · 1978
  5. Imbergamo v. BarclayNew York Supreme Court · 1973

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

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