Legal Opinion

Berg v. Michaelis

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

Decided June 8, 1964PublishedCited by 2 opinions

1Opinion of the CourtChrist, J.

Twice the appellant Board of Zoning Appeals of the town granted a special exception permit for the erection of a drive-in theatre -on a 12-acre site in Inwood, Nassau County. Each time the 'Special Term reversed the board; the first time the proceeding was remitted to the board for further hearings on the issue of undue increase of vehicular traffic; the second time the order of reversal was appealed to this court.

The proposed drive-in theatre is part of a 15-acre development in a predominantly commercial and industrial zone. The filed plans indicate a total car capacity of 825 cars, but the…

2Cases cited5 opinions

  1. Caddy v. . Interborough Rapid Transit Co.New York Court of Appeals · 1909
  2. Middlesex Theatre, Inc. v. HickeySupreme Court of Connecticut · 1941
  3. Mecca Realty Co. v. Kellogg Toasted Corn Flakes Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. Stevens v. Stanton Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Mecca Realty Company v. . Kellogg Toasted Corn Flakes Co.New York Court of Appeals · 1917

3Cited by2 opinions

  1. Four M Construction Corp. v. FrittsAppellate Division of the Supreme Court of the State of New York · 1989
  2. Genesee Valley Medical Care, Inc. v. HarnettAppellate Division of the Supreme Court of the State of New York · 1977

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