Caspian Realty, Inc. v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.
The issue on this appeal is whether a municipal zoning board may deny requested area variances on the basis of common-law principles that are independent of the statutory factors enumerated under Town Law § 267-b (3). In particular, we are asked to determine whether ongoing and deceitful representations by a variance applicant during earlier interaction with the planning board, and with the zoning board itself, permit the denial of requested area variances. The issue raised, in this context, is novel. We conclude that an applicant’s deceitful conduct may form the…
2Cases cited48 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by52 opinions
- Granada Condominium III Ass'n v. PalominoAppellate Division of the Supreme Court of the State of New York · 2010
- Goldberg v. Zoning Board of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2010
- Trotta v. OllivierAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Goodman v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Muller v. Zoning Bd. of Appeals Town of LewisboroAppellate Division of the Supreme Court of the State of New York · 2021
47 more not listed; retrieve them via the Exa API.