Legal Opinion

Old Country Burgers Co. v. Town Board of Oyster Bay

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

Decided April 9, 1990PublishedCited by 15 opinions

1Opinion of the Court

a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Oyster Bay, dated March 29, 1988, which, after a hearing, upon granting the petitioner’s application for a special exception permit to operate a drive-through window at an existing fast-food restaurant in a "Business G” district, inter alia, imposed certain conditions upon the use, the petitioner appeals from (1) an order of the Supreme Court, Nassau County (Burstein, J.), dated September 15, 1987, which, inter alia, remitted the matter to the respondent for further consideration of the…

2Cases cited6 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. St. Onge v. DonovanNew York Court of Appeals · 1988
  3. Matter of Robert Lee Realty Co. v. Vill. of Spring ValleyNew York Court of Appeals · 1984
  4. Summit School v. NeugentAppellate Division of the Supreme Court of the State of New York · 1981
  5. Province of Meribah Society of Mary, Inc. v. Village of MuttontownAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by15 opinions

  1. Framike Realty Corp. v. HinckAppellate Division of the Supreme Court of the State of New York · 1995
  2. Louhal Properties, Inc. v. StradaNew York Supreme Court · 2002
  3. Home Depot, U.S.A. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2009
  4. Westbury Trombo, Inc. v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2003
  5. Exxon Corp. v. GrucciAppellate Division of the Supreme Court of the State of New York · 2000

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