Silvernail v. Rago
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, without costs, without prejudice to a new application showing elimination of objectionable conditions. Memorandum: Special Term dismissed the petition for annulment of the determination of the zoning board of appeals denying petitioner’s application for a special exception permit to use his 31.4 acre parcel of land for public riding stables. The board made several findings or reasons for its action, including that petitioner’s corral generates noise, dirt and odors and in wet seasons the runoff therefrom pollutes private wells used for water supply in the area,…
2Cases cited7 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- 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
- Mobil Oil Corp. v. OaksAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by2 opinions
- Delta Biological Resources, Inc. v. Board of Zoning AppealsCourt of Appeals of Wisconsin · 1991
- Carrol's Development Corp. v. GibsonAppellate Division of the Supreme Court of the State of New York · 1980