Legal Opinion

Planning Board v. Zoning Board of Appeals of North Elba

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

Decided December 11, 1980Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term, entered February 25, 1980 in Essex County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a decision of the Zoning Board of Appeals of the Town of North Elba. Wolfgang and Ulrich Schachenmayr own adjoining lots on Mirror Lake in the Town of North Elba, Essex County, New York. Under a land use code, which included zoning regulations enacted by the town on July 12, 1977, each of these lots was a pre-existing nonconforming parcel. Neither lot had the minimum required area or width.…

2Cases cited2 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Delles v. CooperAppellate Division of the Supreme Court of the State of New York · 1976

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