Legal Opinion
Fuhst v. Foley
New York Court of Appeals
Decided October 26, 1978PublishedCited by 417 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
The sole issue presented for our determination is whether the zoning board of appeals abused its discretion, as a matter of law, in denying the petitioner’s application for an area variance based on "practical difficulties”.
Richard F. Fuhst, the petitioner, is the owner of a one-family dwelling located in a residential zoning district of the Town of Greenburgh in the County of Westchester. The applicable section of the town zoning ordinance provides for a 25-foot front-yard setback. Without obtaining a building permit, petitioner proceeded to enclose the front…
2Cases cited14 opinions
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Consolidated Edison Co. v. HoffmanNew York Court of Appeals · 1978
- Wachsberger v. MichalisNew York Supreme Court · 1959
- Village of Bronxville v. FrancisAppellate Division of the Supreme Court of the State of New York · 1956
- Village of Bronxville v. FrancisNew York Court of Appeals · 1956
9 more not listed; retrieve them via the Exa API.
3Cited by417 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
412 more not listed; retrieve them via the Exa API.