Legal Opinion
Lemir Realty Corp. v. Larkin
New York Court of Appeals
Decided February 22, 1962PublishedCited by 67 opinions
1Opinion of the Court
Chief Judge Desmond.
Petitioner-appellant is the owner of land at the northwest corner of the intersection of Hempstead Turnpike and Division Avenue in the Town of Hempstead, Nassau County. Under the town zoning ordinance (§§ X-1.0, X-1.9) the premises are in a Business Use District and may be used for a gasoline station only “ when approved as a special exception by the Town Board”. Petitioner’s application for such a “ special exception ” was denied by the board and this proceeding was brought to compel the grant. The petition prayed for a “ review ” of the board’s determination and for a…
2Cases cited19 opinions
- Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
- People Ex Rel. Fordham Manor Reformed Church v. WalshNew York Court of Appeals · 1927
- Fischer v. St. LouisSupreme Court of the United States · 1904
- Green Point Savings Bank v. Board of Zoning AppealsNew York Court of Appeals · 1939
- Matter of Reed v. Bd. of Standards AppealsNew York Court of Appeals · 1931
14 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. WagnerNew York Court of Appeals · 1977
62 more not listed; retrieve them via the Exa API.