Legal Opinion

Diocese of Rochester v. Planning Board

New York Court of Appeals

Decided July 11, 1956PublishedCited by 133 opinions

1Opinion of the CourtFroessel, J.

This is an appeal pursuant to leave of the Appellate Division, Fourth Department, from an order of that court which unanimously affirmed an order, entered in an article 78 proceeding, of Special Term, Monroe County. Special Term dismissed the petition on the merits on the ground that no , triable issue of fact had been raised, and affirmed respondents’ decisions denying petitioners’ application for a permit to build a church and school with necessary accessory uses and for a variance.

Petitioners allege that the population of the Town of Brighton (a suburb of Rochester) has been rapidly…

2Cases cited38 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Snowden v. HughesSupreme Court of the United States · 1944
  3. Fahey v. MalloneeSupreme Court of the United States · 1947
  4. Buck v. KuykendallSupreme Court of the United States · 1925
  5. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938

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3Cited by133 opinions

  1. Henley v. City of Youngstown Board of Zoning AppealsOhio Supreme Court · 2000
  2. Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
  3. Young Men's Christian Ass'n v. Rochester Pure Waters DistrictNew York Court of Appeals · 1975
  4. H.O.M.E.S. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  5. Berenson v. Town of New CastleNew York Court of Appeals · 1975

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