Legal Opinion
Retail Property Trust v. Board of Zoning Appeals
New York Court of Appeals
Decided July 1, 2002PublishedCited by 80 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In March 1999, respondent Board of Zoning Appeals of the Town of Hempstead denied a request by petitioner Retail Property Trust (RPT) for a special exception to expand the structure and parking facilities on its property, the Roosevelt Field Shopping Mall, in order to accommodate a Saks Fifth Avenue department store. RPT then commenced this CPLR article 78 proceeding to annul the determination of the Board. After finding substantial evidence to support the conclusion that the proposed mall expansion would adversely affect traffic and air quality, Supreme Court…
2Cases cited6 opinions
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997
- Wegmans Enterprises, Inc. v. LansingNew York Court of Appeals · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Westchester Day School v. Village of MamaroneckDistrict Court, S.D. New York · 2006
- Metro Enviro Transfer, LLC v. Village of Croton-on-HudsonNew York Court of Appeals · 2005
- Leon Petroleum, LLC v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of M&V 99 Franklin Realty Corp. v. WeissAppellate Division of the Supreme Court of the State of New York · 2015
- Green 2009, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
75 more not listed; retrieve them via the Exa API.