Legal Opinion
Armenia v. Luther
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1989PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Applying a "balancing of public interests” approach (see, Matter of County of Monroe [City of Rochester], 72 NY2d 338), we conclude that the Town of Grand Island was immune from its own zoning regulations when it installed floodlights at tennis courts and at a softball diamond situated in a town park. Accordingly, Special Term properly granted defendants’ motion for summary judgment dismissing plaintiffs’ first and second causes of action. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — summary judgment.) Present —…
2Cases cited1 opinion
- In re the County of MonroeNew York Court of Appeals · 1988
3Cited by4 opinions
- Farrington Close Condominium Board of Managers v. Incorporated Village of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1994
- Nanuet Fire Engine Co. No. 1, Inc. v. AmsterNew York Supreme Court · 1998
- Daniel Leclaire; Maria Leclaire; Alfred Broomhead; Maryann Broomhead; Katie Calhoun; Fred Como; Nancy Como; Terri Cotone; Carol Cyrus; Duane Cyrus; Emily Flores; Jorge Flores; David Gehrs; Marci Gentile; Carmine Grippo; Lori Grippo; David Halm; Jolie Halm; Frances Maher; Dane Mellon; Melinda Mellon; Bob Mestemaker; Connie Mestemaker; Glenn Nelson; Karalee Nelson; Ann Orlando; David Orlando; Chrissie Ormsbee; Jeff Ormsbee; Kimberly Shell; and Matthew Shell v. Vertical Bridge Development, LLC; Vertical Bridge II, LLC; The Town of Ballston; Eric Connolly, individually; Michael Carota, individually; Chuck Curtiss, individually; Rob Fendrick, individually; Kelly Jasinski, individually; and Cellco Partnership d/b/a Verizon WirelessDistrict Court, N.D. New York · 2026
- Matter of Plattsburgh Citizens Coalition, Inc. v. City of PlattsburghAppellate Division of the Supreme Court of the State of New York · 2026