Legal Opinion
Livingston Parkway Ass'n v. Town of Amherst Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2014Published
1Opinion of the Court
Appeal from a judgment of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered November 26, 2012 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, dismissed the amended petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of respondent Town of Amherst Zoning Board of Appeals (ZBA) that a condition imposing a height restriction for proposed new buildings on the subject parcel (condition No. 4) was no longer…
2Cases cited10 opinions
- Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
- MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
- BBJ Associates, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Iwan v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1998
- Emmerling v. Town of Richmond Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
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