Legal Opinion
Wegmans Enterprises, Inc. v. Lansing
New York Court of Appeals
Decided October 20, 1988PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Zones which qualify for special exception permits represent a threshold legislative acceptance that the specified use accords with the general municipal zoning plan (Matter of Lee Realty Co. v Village of Spring Val., 61 NY2d 892, 893; Matter of Pleasant Val. Home Constr. v Van Wagner, 41 NY2d 1028, 1029). Unlike the unnecessary hardship standard governing variances, a special exception permit is available upon a showing of compliance with legislatively imposed conditions pertaining to the…
2Cases cited4 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. WagnerNew York Court of Appeals · 1977
- Matter of Robert Lee Realty Co. v. Vill. of Spring ValleyNew York Court of Appeals · 1984
3Cited by31 opinions
- Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
- Navaretta v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of M&V 99 Franklin Realty Corp. v. WeissAppellate Division of the Supreme Court of the State of New York · 2015
- North Shore F.C.P., Inc. v. MamminaAppellate Division of the Supreme Court of the State of New York · 2005
- White Castle System, Inc. v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2012
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