Legal Opinion

Marx v. Zoning Board of Appeals

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

Decided June 6, 1988PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

In this case, we are called upon to determine the question of whether a Village Zoning Board of Appeals has the authority to modify the conditions imposed by the Village Planning Board upon a subdivision plan approved by the Village Planning Board. For the reasons set forth herein, we conclude that it does not.

The petitioners herein are the owners of a five-acre parcel of land located on Frost Mill Road in the Incorporated Village of Mill Neck, Nassau County. The area is zoned for five-acre single-family use by the village’s zoning ordinance (Building Zone…

2Cases cited16 opinions

  1. Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
  2. Berenson v. Town of New CastleNew York Court of Appeals · 1975
  3. Brous v. SmithNew York Court of Appeals · 1952
  4. Riegert Apartments Corp. v. Planning BoardNew York Court of Appeals · 1982
  5. Noonan v. ZONING BD. OF BARRINGTONSupreme Court of Rhode Island · 1960

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Marx v. Planning Board of Mill NeckAppellate Division of the Supreme Court of the State of New York · 1992
  2. Pagnozzi v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2002
  3. Jordan's Partners v. GoehringerAppellate Division of the Supreme Court of the State of New York · 1994
  4. Matter of City of New York v. BallNew York Supreme Court, Albany County · 2024
  5. Matter of City of New York v. BallNew York Supreme Court, Albany County · 2024

4 more not listed; retrieve them via the Exa API.

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