Legal Opinion · Dissent
Wegmans Enterprises, Inc. v. Lansing
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1987Published
1Dissent
Callahan and Balio, JJ.
(dissenting). We cannot agree with Special Term that the findings of the Zoning Board of Appeals (Board) were supported by substantial evidence and were not arbitrary and capricious or in our view, contrary to law. The record demonstrates that petitioners did meet all the conditions of the ordinance.
The ordinance requires specific Board approval for retail uses in the special business transitional district which are greater than 5,000 square feet. It is apparent from our review of the record that the Board did not appreciate that a special permit use is a permitted use…
2Cases cited13 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Knight v. AmelkinNew York Court of Appeals · 1986
- Matter of Robert Lee Realty Co. v. Vill. of Spring ValleyNew York Court of Appeals · 1984
- Carrol's Development Corp. v. GibsonNew York Court of Appeals · 1981
- Highland Brooks Apts., Inc. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1972
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