Legal Opinion
MATTER OF MKT. SQUARE PROPS., LTD. v. Town of Guilderland Zoning Bd. of Appeals
New York Court of Appeals
Decided November 21, 1985PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Respondent’s determination that appellant’s application for a special use permit did not meet town zoning ordinance standards, in that the proposed shopping center would create undue traffic congestion and hazard to the nearby school, is sufficiently supported by the record (see, Matter of Tandem Holding Corp. v Board of Zoning Appeals, 43 NY2d 801, 802). While expert opinion regarding traffic patterns may not be disregarded in favor of generalized community objections (see, Green v Lo Grande, 96…
2Cases cited4 opinions
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- Hutchins v. GorlickiNew York Court of Appeals · 1984
- Cummings v. Town Board of North CastleNew York Court of Appeals · 1984
- Green v. Lo GrandeAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by29 opinions
- Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
- Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997
- Wal-Mart Stores, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Metro Enviro Transfer, LLC v. Village of Croton-on-HudsonNew York Court of Appeals · 2005
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