Legal Opinion

Kidd-Kott Construction Co. v. Lillis

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

Decided November 10, 1986PublishedCited by 9 opinions

1Opinion of the Court

*997Petitioner applied to the Town Board for a special permit allowing use of its property for a self-service car wash. The permit was denied after a public hearing.

The testimony of area residents regarding the effect of increased traffic upon property values is not sufficient to support the denial of the permit (see, Matter of Frangella Mushroom Farms v Zoning Bd. of Appeals, 87 AD2d 962, affd 57 NY2d 811; Matter of New York Tennis Assoc. v Town of Vestal, 97 AD2d 899). There is no evidence before the Town Board that the proposed use would increase traffic or affect property values to any…

2Cases cited8 opinions

  1. North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
  2. Matter of Robert Lee Realty Co. v. Vill. of Spring ValleyNew York Court of Appeals · 1984
  3. Hobbs v. AlbaneseAppellate Division of the Supreme Court of the State of New York · 1979
  4. New York Tennis Associates v. Town of VestalAppellate Division of the Supreme Court of the State of New York · 1983
  5. Pluto's Retreat, Inc. v. GranitoAppellate Division of the Supreme Court of the State of New York · 1981

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

3Cited by9 opinions

  1. Verstandig's Florist, Inc. v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996
  2. Pilato v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1989
  3. Joseph v. RomanoAppellate Division of the Supreme Court of the State of New York · 1994
  4. Baer v. Town of WaterfordAppellate Division of the Supreme Court of the State of New York · 1992
  5. Pine Hill Concrete Mix Corporation v. Town of Newstead Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1990

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

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