Legal Opinion

Brandt v. Zoning Board of Appeals

New York Supreme Court

Decided March 1, 1977PublishedCited by 4 opinions

1Opinion of the CourtFrederick A. Dickinson, J.

This is a CPLR article 78 proceeding to review the denial of a special use permit by the respondent zoning board of appeals. Respondent has moved to dismiss the proceeding on various grounds. By interim decision dated December 1, 1976, this court permitted intervention in this proceeding by a number of individuals who are neighboring property owners to the premises which are the subject of this application.

The petitioners applied to the respondent, board of appeals, for a special use permit for the establishment of a "school” for the mentally retarded. The zoning board of appeals after public…

2Cases cited4 opinions

  1. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
  2. Incorporated Village of Brookville v. Paulgene Realty Corp.Supreme Court of Florida · 1960
  3. Hartnett v. SegurAppellate Division of the Supreme Court of the State of New York · 1964
  4. Plotinsky v. GardnerNew York Supreme Court · 1960

3Cited by4 opinions

  1. Inc. Village of Asharoken v. PitassyAppellate Division of the Supreme Court of the State of New York · 1986
  2. Ozols v. HenleyAppellate Division of the Supreme Court of the State of New York · 1981
  3. Brandt v. Zoning Board of Appeals of the Town of New CastleAppellate Division of the Supreme Court of the State of New York · 1978
  4. Chro v. Ackley, No. 550633 (May 31, 2002)Connecticut Superior Court · 2002

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