Legal Opinion
Cohen v. Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided August 26, 2002PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Santucci, J.
On this appeal we consider the question of whether, upon an application for an area variance, the “practical difficulty” standard set forth in the Code of the Village of Saddle Rock (hereinafter the Village Code) is preempted by the statutory criteria expressed in Village Law § 7-712-b (3). For the reasons set forth below, we conclude that the question should be answered in the affirmative and that Village Law § 7-712-b (3) is the controlling statute.
The Facts
In 1999, the petitioner, Jack Cohen, applied to the Village of Saddle Rock Building Inspector…
2Cases cited14 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
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3Cited by5 opinions
- Cohen v. Board of AppealsNew York Court of Appeals · 2003
- Stone Landing Corp. v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
- Property Clerk of the Police Department v. BrownAppellate Division of the Supreme Court of the State of New York · 2009
- Cohen v. Board of AppealsNew York Court of Appeals · 2003
- Wetherall v. Town of Islip Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2010