Legal Opinion
DeMarco v. Village of Elbridge
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1998PublishedCited by 3 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to respondent Planning Board of Village of Elbridge for further proceedings in accordance with the following Memorandum: Supreme Court properly annulled the determination of respondent Planning Board of the Village of Elbridge (Planning Board) and ordered that petitioner is not required to reimburse respondent Village of Elbridge for attorney’s fees. The findings of the Planning Board are arbitrary and capricious and its denial of petitioner’s site plan application is not supported by…
2Cases cited6 opinions
- Matter of Robert Lee Realty Co. v. Vill. of Spring ValleyNew York Court of Appeals · 1984
- Moriarty v. Planning Board of Village of SloatsburgAppellate Division of the Supreme Court of the State of New York · 1986
- C & A Carbone, Inc. v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1992
- J & R Esposito Builders, Inc. v. CoffmanAppellate Division of the Supreme Court of the State of New York · 1992
- Fischlin v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- Jamil v. Village of Scarsdale Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
- Woodland Community Ass'n v. Planning Board of the Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 2008
- Taft v. Village of Newark Planning BoardAppellate Division of the Supreme Court of the State of New York · 2010