Legal Opinion
Westervelt v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2004PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent, the Zoning Board of Appeals of the Town of Woodbury, dated June 26, 2002, which, after a hearing, denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Orange County (Molea, J.), dated December 23, 2002, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining…
2Cases cited11 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Gonzalez v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by4 opinions
- Arceri v. Town of Islip Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
- Westervelt v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
- Wood v. Zoning Board of Appeals of Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 2008
- Brookwood Holding Corp. v. AckersonAppellate Division of the Supreme Court of the State of New York · 2005