Wahl v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
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
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Green v. Lo GrandeAppellate Division of the Supreme Court of the State of New York · 1983
- Brescia v. MugridgeNew York Supreme Court · 1967
- Vescio v. City Manager of City of YonkersNew York Supreme Court · 1972
- Burke v. Van BuskirkAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by1 opinion
- Scriven v. WadeAppellate Division of the Supreme Court of the State of New York · 1994