Legal Opinion
Town of Smithtown v. Howell
New York Court of Appeals
Decided December 6, 1972PublishedCited by 45 opinions
1Opinion of the CourtBreitel, J.
In consolidated article 78 proceedings to annul disapproval by a county planning commission of a town zoning change, the county commission appeals. One issue is whether an amendment of the Suffolk County Charter may invest veto power over town zoning changes in a county-wide commission, thus superseding section 239-m of the General Municipal Law. Section 239-m provides for regional review of zoning changes, but limits the effect of disapproval by the county commission*. Another issue is whether a vote by eight of the nine members of the county commission present at the hearing constituted a…
2Cases cited10 opinions
- Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
- Morris v. CashmoreAppellate Division of the Supreme Court of the State of New York · 1938
- Moberry v. City of JeffersonvilleIndiana Supreme Court · 1871
- Morris v. Cashmore, BurkeNew York Court of Appeals · 1938
- Steiner, Inc. v. Town Plan & Zoning CommissionSupreme Court of Connecticut · 1961
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3Cited by45 opinions
- Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
- Voelckers v. GuelliNew York Court of Appeals · 1983
- MATTER OF WOLKOFF v. ChassinNew York Court of Appeals · 1996
- Orange Lake Associates, Inc. v. KirkpatrickDistrict Court, S.D. New York · 1993
- Bloom v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1981
40 more not listed; retrieve them via the Exa API.