Legal Opinion

Tharp v. Zoning Board of Appeals

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

Decided March 31, 1988PublishedCited by 6 opinions

1Opinion of the CourtMahoney, P. J.

Appeal from a judgment of the Supreme Court (Brown, J.), entered April 21, 1987 in Saratoga County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent granting the intervenor’s application for a use and area variance.

Harry Peartree, III, entered into a contract in 1985 to purchase property, located in the City of Saratoga Springs, Saratoga County, from Philip A. Parkhurst. The property consisted of a garage and surrounding land that had been used by Parkhurst’s family from 1919 to 1985 as a repair shop for automobiles…

2Cases cited4 opinions

  1. In re SmithNew York Court of Appeals · 1987
  2. Paplow v. MinskerAppellate Division of the Supreme Court of the State of New York · 1973
  3. Romanelli v. BonvouloirAppellate Division of the Supreme Court of the State of New York · 1984
  4. Shumaker v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by6 opinions

  1. Mobil Oil Corp. v. Village of Mamaroneck Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2002
  2. First National Bank v. City of Albany Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1995
  3. Eung Lim-Kim v. Zoning Board of Appeals of IrvingtonAppellate Division of the Supreme Court of the State of New York · 1992
  4. Ferruggia v. Zoning Board of Appeals of Town of WarwickAppellate Division of the Supreme Court of the State of New York · 1996
  5. Khanuja v. DenisonAppellate Division of the Supreme Court of the State of New York · 1994

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