Legal Opinion

Jones v. Zoning Board of Appeals

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

Decided December 15, 2011PublishedCited by 9 opinions

1Opinion of the Court

Peters, J.P

Larry Place and his wife owned a 19-acre parcel of property in the Town of Oneonta, Otsego County. The property, located in a RA-40 zone wherein the permitted uses are primary residential and agricultural, contains a sand and gravel mine that has remained inactive for approximately 50 years. In 2007, Place applied for a use variance to permit mining on the property. After a hearing, respondent Zoning Board of Appeals of the Town of Oneonta (hereinafter ZBA) granted the variance. Petitioners, whose property adjoins the parcel in question, commenced a CPLR article 78 proceeding to…

2Cases cited15 opinions

  1. Ifrah v. UtschigNew York Court of Appeals · 2002
  2. Village Board v. JarroldNew York Court of Appeals · 1981
  3. St. Onge v. DonovanNew York Court of Appeals · 1988
  4. MATTER OF DOUGLASTON CIVIC ASS'N, INC. v. KleinNew York Court of Appeals · 1980
  5. Conte v. Town of Norfolk Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by9 opinions

  1. Green 2009, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Nemeth v. Village of Hancock Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Source Renewables, LLC v. Town of Cortlandville Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2023
  4. Green 2009, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of 54 Marion Ave., LLC v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2019

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

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