Moriarty v. Planning Board of Village of Sloatsburg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J. P.
The question is whether site plan approval may be denied by a village Planning Board on the ground that fire protection will be inadequate because the closest fire hydrants are too distant from the site. We conclude that rejection on such a ground exceeds the site plan review powers of a village Planning Board.
The property involved is a vacant parcel of industrially zoned land in the Village of Sloatsburg upon which the owner proposes to erect a metal fabricating plant. Since the Sloatsburg Zoning Ordinance makes site plan approval by the Planning Board a…
2Cases cited47 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Albano v. KirbyNew York Court of Appeals · 1975
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
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3Cited by31 opinions
- Burrell v. Lake County Plan CommissionIndiana Court of Appeals · 1993
- Bongiorno v. Planning Board of Inc. VillageAppellate Division of the Supreme Court of the State of New York · 1988
- Figgie International, Inc. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1994
- Omnipoint Communications, Inc. v. City of White PlainsDistrict Court, S.D. New York · 2001
- Greencove Associates, LLC v. Town Board of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
26 more not listed; retrieve them via the Exa API.