Legal Opinion
Cohen v. Board of Appeals
New York Court of Appeals
Decided July 2, 2003PublishedCited by 49 opinions
1Opinion of the Court
*398OPINION OF THE COURT
ClPARIGK, J.
The issue in these separate appeals is whether the State preempted the field of area variance review when it enacted Village Law § 7-712-b (3). This question requires us to consider the right of localities to govern in matters of purely local concern in the context of the Legislature’s transcendent interest in regulating matters of statewide importance (see Albany Area Bldrs. Assn. v Town of Guilderland, 74 NY2d 372, 377 [1989]). We conclude that Village Law § 7-712-b (3) evinces an intent by the Legislature to preempt the field of area variance review.
Petitione…
2Cases cited5 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Kamhi v. Town of YorktownNew York Court of Appeals · 1989
- Incorporated Village of Nyack v. Daytop Village, Inc.New York Court of Appeals · 1991
- Cohen v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by49 opinions
- ABN AMRO Bank, N.V. v. MBIA Inc.New York Court of Appeals · 2011
- Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Chwick v. MulveyAppellate Division of the Supreme Court of the State of New York · 2010
- Baldwin Union Free School District v. County of NassauNew York Court of Appeals · 2014
- Stoffer v. Department of Public SafetyAppellate Division of the Supreme Court of the State of New York · 2010
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