Legal Opinion

Village of Waterford v. O'Brien

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

Decided November 1, 1972PublishedCited by 7 opinions

1Opinion of the CourtSimons, J.

This is an appeal from a judgment of the Supreme Court, entered in Saratoga County, which permanently enjoined defendant from conducting a U-Haul rental operation at an Atlantic Richfield service station located in the Village of Waterford.

*491The service station is located in an area zoned residential and continues as a nonconforming use. At the time the ordinance became effective in 1965, an old residence had been demolished and excavation and foundation work on a service station had been started but not completed.

Appellant claims that his rights as a nonconforming user are those of a public…

2Cases cited3 opinions

  1. People Ex Rel. Ortenberg v. BalesNew York Court of Appeals · 1929
  2. People ex rel. Ortenberg v. BalesAppellate Division of the Supreme Court of the State of New York · 1928
  3. Incorporated Village of Great Neck v. GreenNew York Supreme Court · 1957

3Cited by7 opinions

  1. Garcia v. HolzeAppellate Division of the Supreme Court of the State of New York · 1983
  2. James H. Maloy, Inc. v. Town Board of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1983
  3. Concerned Citizens of Montauk, Inc. v. LesterAppellate Division of the Supreme Court of the State of New York · 1978
  4. Marra v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  5. Mariner's Realty Corp. v. WickAppellate Division of the Supreme Court of the State of New York · 1976

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