Legal Opinion

BBJ Associates, LLC v. Zoning Board of Appeals

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

Decided June 23, 2009PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

Chambers, J.

The principal issue presented on this appeal is whether the Zoning Board of Appeals of the Town of Kent (hereinafter the *156Zoning Board) properly determined that a proposed road providing access to the petitioner’s proposed multifamily senior citizen housing development was not a permitted use. We find that the Zoning Board’s determination was proper.

I. Relevant Facts and Proceedings

The petitioner, BBJ Associates, LLC, owns an 88-acre parcel of land that straddles the municipal border between the Towns of Kent and Carmel in Putnam County. It plans to build a…

2Cases cited41 opinions

  1. Ifrah v. UtschigNew York Court of Appeals · 2002
  2. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  3. Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
  4. Toys" R" US v. SilvaNew York Court of Appeals · 1996
  5. Pokoik v. SilsdorfNew York Court of Appeals · 1976

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3Cited by28 opinions

  1. Matter of Ogden Land Dev., LLC v. Zoning Bd. of Appeals of Vil. of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Sand Land Corp. v. Zoning Bd. of Appeals of Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Bartolacci v. Village of Tarrytown Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
  4. Hamptons, LLC v. RickenbachAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Bray v. Town of Yorktown Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2017

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

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