Legal Opinion

Old Farm Road, Inc. v. Town of New Castle

New York Court of Appeals

Decided May 14, 1970PublishedCited by 10 opinions

1Opinion of the CourtGibson, J.

The issue- is the constitutionality of certain parts of the Town of New Castle’s zoning ordinance. The provisions challenged create a Board of Architectural Review and require that each application for a permit to construct a new building, or to make alterations or additions of specified nature and cost, shall be submitted to the board. Authority is conferred upon the board to disapprove any such application upon finding that the structure ‘‘ would, if erected or altered be so detrimental to the desirability, property values or development of the surrounding areas as to provide one or more of…

2Cases cited3 opinions

  1. Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
  2. Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
  3. Stover v. New YorkSupreme Court of the United States · 1963

3Cited by10 opinions

  1. Dur-Bar Realty Co. v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1977
  2. Town of Islip v. ZalakAppellate Division of the Supreme Court of the State of New York · 1991
  3. Suffolk Outdoor Advertising Co. v. HulseAppellate Division of the Supreme Court of the State of New York · 1977
  4. Janas v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1976
  5. Nole v. PassidomoAppellate Division of the Supreme Court of the State of New York · 1986

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