Legal Opinion

Ellington Construction Corp. v. Zoning Board of Appeals of the Inc.

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

Decided December 13, 1989PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

Town Law § 265-a and Village Law § 7-708 both provide, in identical language, that in a municipality with both a Zoning Board and a Planning Board authorized to approve subdivisions, where an amendment to a zoning ordinance increases required lot areas or lot dimensions to amounts in excess of those delineated on an approved and filed subdivision plat showing residential lots and one or more new streets, the provisions of that amendment "shall not * * * be applicable to or in any way affect any of the lots shown and delineated on such subdivision plat * * * for…

2Cases cited41 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
  3. Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
  4. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  5. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971

36 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ellington Construction Corp. v. Zoning Board of Appeals of Inc. Village of New HempsteadNew York Court of Appeals · 1990
  2. Lazore v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1993
  3. Riverview Partners v. City of PeekskillAppellate Division of the Supreme Court of the State of New York · 2000
  4. Grayson v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1990
  5. Matter of Waterways Dev. Corp. v. Town of Brookhaven Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2015

11 more not listed; retrieve them via the Exa API.

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