Legal Opinion
Cohen v. Hahn
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Order unanimously reversed on the law without costs, determination confirmed and petition dismissed. Memorandum: It was error for the court to order a hearing de nova in Supreme Court on petitioner’s application for a use variance. The determination whether to grant a variance lies within the discretion of the zoning authorities and a reviewing court may not conduct a trial de nova (see, Matter of St. Onge v Donovan, 71 NY2d 507, 519; Thayer v Baybutt, 29 AD2d 486, 487-488, affd 24 NY2d 1018).
The determination of the Zoning Board of Appeals is entitled to great deference and must be…
2Cases cited6 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Village Board v. JarroldNew York Court of Appeals · 1981
- St. Onge v. DonovanNew York Court of Appeals · 1988
- Thayer v. BaybuttAppellate Division of the Supreme Court of the State of New York · 1968
- Bellanca v. GatesAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cerame v. Town of Perinton Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
- Geampa v. WalckAppellate Division of the Supreme Court of the State of New York · 1995
- HOLIMONT, INC. v. VILLAGE OF ELLICOTTVILLE ZBAAppellate Division of the Supreme Court of the State of New York · 2013
- HoliMont, Inc. v. Village of Ellicottville Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2013
- HoliMont, Inc. v. Village of Ellicottville Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2013