Legal Opinion

Wahl v. Zoning Board of Appeals

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

Decided December 20, 1985PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed, with costs. Memorandum: Special Term’s judgment annulling the Zoning Board’s determination denying petitioner’s application for a special exception permit and directing the Board to issue the permit should be affirmed (see, Green v Lo Grande, 96 AD2d 524). Petitioner’s business is a permitted special use contemplated under the village ordinance. As such, it is tantamount to a legislative finding that the use is in harmony with the general zoning plan and will not adversely affect the neighborhood (Matter of North Shore Steak House v Board of Appeals, 30 NY2d…

2Cases cited6 opinions

  1. North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
  2. Green v. Lo GrandeAppellate Division of the Supreme Court of the State of New York · 1983
  3. Brescia v. MugridgeNew York Supreme Court · 1967
  4. Vescio v. City Manager of City of YonkersNew York Supreme Court · 1972
  5. Burke v. Van BuskirkAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by1 opinion

  1. Scriven v. WadeAppellate Division of the Supreme Court of the State of New York · 1994

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