Legal Opinion
D'Angelo v. Zoning Board
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1996PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in denying the CPLR article 78 petition seeking to annul the determination of respondent on the ground that petitioner failed to show practical difficulties in the use of his land. Such a showing is no longer necessary (Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 352; see, Matter of Sasso v Osgood, 86 NY2d 374). Rather, "the Zoning Board, before granting an area variance, must engage in a balancing test, considering the factors outlined in [Town Law § 267-b (3)] * * * and…
2Cases cited5 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
- O'Hara v. Zoning Board of Appeals of IrvingtonAppellate Division of the Supreme Court of the State of New York · 1996
- Children's Hospital v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1992
- Pine Hill Concrete Mix Corporation v. Town of Newstead Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- W.K.J. Young Group v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
- Fusco v. RussellAppellate Division of the Supreme Court of the State of New York · 2001
- Nye v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
- Westervelt v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
- Lessings, Inc. v. ScheyerAppellate Division of the Supreme Court of the State of New York · 2005
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