Legal Opinion

Brick Hill Construction Corp. v. Zoning Board of Appeals

New York Court of Appeals

Decided March 24, 1981PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

After a hearing the zoning board of appeals denied appellant’s application for a special exception use permit to *623excavate sand and gravel. There was substantial evidence in the record to support, and thus a rational basis for, the determination of the board made on the grounds that the proposed use (1) would substantially increase truck traffic, thereby posing a threat to the movement of school buses and creating unreasonably hazardous traffic conditions and a danger to public safety; (2)’would…

2Cited by8 opinions

  1. Green 2009, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
  2. Buitenkant v. RobohmAppellate Division of the Supreme Court of the State of New York · 1986
  3. Market Square Properties, Ltd. v. Town of Guilderland Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1985
  4. North Shore F.C.P., Inc. v. MamminaAppellate Division of the Supreme Court of the State of New York · 2005
  5. North Ridge Enterprises, Inc. v. Town of WestfieldAppellate Division of the Supreme Court of the State of New York · 1982

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