Legal Opinion
Farrell v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1999PublishedCited by 11 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition and annulling the determination of respondent Zoning Board of Appeals of the Town of Kiantone (ZBA), which granted intervenor’s application for use and area variances to permit the construction of a cellular telephone cell site. The determination of the ZBA is entitled to great deference and must be sustained where, as here, it has a rational basis and is supported by substantial evidence (see, Matter of Village of Honeoye Falls v Town of Mendon Zoning Bd.…
2Cases cited4 opinions
- Cellular Telephone Co. v. RosenbergNew York Court of Appeals · 1993
- Crawford v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
- Village of Honeoye Falls v. Town of Mendon Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1997
- Geampa v. WalckAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by11 opinions
- Walker v. State University of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Site Acquisitions, Inc. v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 2003
- Cerame v. Town of Perinton Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
- Nextel Partners, Inc. v. Town of Fort AnnAppellate Division of the Supreme Court of the State of New York · 2003
- Welsh v. Town of Amherst Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
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