Legal Opinion

Milburn Homes, Inc. v. Trotta

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

Decided May 3, 2004PublishedCited by 11 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Brookhaven dated May 15, 2002, which, after a hearing, denied the petitioner’s application for area variances, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Underwood, J.), entered January 3, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Judicial review of the determination of a local zoning board is limited to determining whether the action taken by the board was illegal, arbitrary,…

2Cases cited11 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Ifrah v. UtschigNew York Court of Appeals · 2002
  3. Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
  4. Kransteuber v. ScheyerNew York Court of Appeals · 1992
  5. Kransteuber v. ScheyerAppellate Division of the Supreme Court of the State of New York · 1991

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Rivero v. VoelkerAppellate Division of the Supreme Court of the State of New York · 2007
  2. Filipowski v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2007
  3. Efraim v. TrottaAppellate Division of the Supreme Court of the State of New York · 2005
  4. Matter of Traendly v. Zoning Bd. of Appeals of Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 2015
  5. Peconic Shores Development v. Board of Zoning Appeals of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2005

6 more not listed; retrieve them via the Exa API.

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