Legal Opinion

Oak Beach Inn Corp. v. Harris

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1985PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78, inter alia, to review a positive declaration of the Suffolk County Department of Health Services that a draft environmental impact statement is required, petitioners appeal from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), dated November 9, 1982, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The petitioner corporation owns and operates a restaurant, bar and night club known as the Oak Beach Inn (Inn) in the Town of Babylon. The dominant land use within a quarter-mile radius of the Inn is…

2Cases cited5 opinions

  1. Glen Head — Glenwood Landing Civic Council, Inc. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1982
  2. Tuxedo Conservation & Taxpayers Ass'n v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1979
  3. Tehan v. ScrivaniAppellate Division of the Supreme Court of the State of New York · 1983
  4. Tuxedo Conservation & Taxpayers Ass'n v. Town BoardNew York Supreme Court · 1978
  5. Oak Beach v. LehmanAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
  2. Desmond-Americana v. JorlingAppellate Division of the Supreme Court of the State of New York · 1989

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