Legal Opinion

Upper Delaware Avenue Ass'n of Delmar, Inc. v. Fritts

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

Decided October 9, 1986PublishedCited by 6 opinions

1Opinion of the Court

In 1932, Alphonse and Bertha Verstandig purchased property located at 454 Delaware Avenue in the Town of Bethlehem, Albany County. The Verstandigs immediately commenced a horticultural business on the property. Eventually, they constructed greenhouses and acquired more property so that they owned five acres of land. In 1944, the Town of Bethlehem adopted a zoning ordinance which classified the property as "residential A and AA”, zones in which the florist business was not allowed. The business operated by the Verstandigs was allowed to continue to operate as a prior nonconforming use. In…

2Cases cited1 opinion

  1. MATTER OF CROSSROADS RECREATION v. BrozNew York Court of Appeals · 1958

3Cited by6 opinions

  1. Verstandig's Florist, Inc. v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996
  2. Matter of Nemeth v. Village of Hancock Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
  3. Angel Plants, Inc. v. SchoenfeldAppellate Division of the Supreme Court of the State of New York · 1989
  4. Red House Farm, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996
  5. Matter of Nemeth v. Village of Hancock Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015

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