Legal Opinion

Ardmar Realty Co. v. Zoning Board of Appeals

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

Decided September 23, 2002PublishedCited by 2 opinions

1Opinion of the Court

*734Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition and dismissed the instant proceeding, since the petitioner “failed to carry [its] burden of showing that [its] contemplated use of the subject property ‘conforms with the standards imposed by the zoning ordinance’ ” (Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 AD2d 93, 99, quoting Matter of Monro Muffler / Brake v Town Bd. of Town of Perinton, 222 AD2d 1069; see Matter of Schadow v Wilson, 191 AD2d 53, 57).

The petitioner’s remaining contentions are without merit. Ritter, J.P., Florio,…

2Cases cited3 opinions

  1. Wal-Mart Stores, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
  2. Schadow v. WilsonAppellate Division of the Supreme Court of the State of New York · 1993
  3. Monro Muffler/Brake, Inc. v. Town Board of PerintonAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Ardmar Realty Co. v. Building Inspector of the Village of TuckahoeAppellate Division of the Supreme Court of the State of New York · 2004
  2. Pletenik v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2010

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