Legal Opinion

Cowan v. Kern

New York Court of Appeals

Decided April 5, 1977PublishedCited by 4 opinions

1Opinion of the CourtJasen, J.

The sole issue presented on this appeal is whether the Zoning Board of Appeals abused its discretion, as a matter of law, in denying petitioner’s application for a zoning variance.

In January 1970, petitioner Randolph Cowan purchased, at a tax sale, a substandard parcel of land in the Ronkonkoma Heights section of the Town of Smithtown. The parcel consists of three separate building lots and has a total land area of 7,500 square feet. The property is located in an "R-10” residential zone which authorizes the construction of single-family residences on minimum plots of 10,000 square feet. The…

2Cases cited12 opinions

  1. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
  2. Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
  3. Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
  4. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
  5. Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962

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3Cited by4 opinions

  1. Howell v. . AdamsNew York Court of Appeals · 1877
  2. Jackson v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 1986
  3. Thielman v. Guéblé & NippertSupreme Court of Louisiana · 1880
  4. Smith v. RevelsNew York Supreme Court · 1894

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