Legal Opinion

Crystal Pond Homes, Inc. v. Prior

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

Decided May 19, 2003PublishedCited by 9 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the Village of Huntington Bay Zoning Board of Appeals dated June 21, 2001, which, after a hearing, denied the petitioner’s application for an area variance, the appeal is from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated April 15, 2002, which granted the petition.

Ordered that the judgment is affirmed, with costs.

In determining the petitioner’s application for an area variance, the Village of Huntington Bay Zoning Board of Appeals (hereinafter the Board) was required to engage in a balancing test,…

2Cases cited4 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  3. Easy Home Program v. TrottaAppellate Division of the Supreme Court of the State of New York · 2000
  4. Goldsmith v. BishopAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by9 opinions

  1. Gonzalez v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
  2. Campo Grandchildren Trust v. ColsonAppellate Division of the Supreme Court of the State of New York · 2007
  3. Filipowski v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2007
  4. North Shore F.C.P., Inc. v. MamminaAppellate Division of the Supreme Court of the State of New York · 2005
  5. Campbell v. Town of Mount Pleasant Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011

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