Legal Opinion
Cummings v. Town Board of North Castle
New York Court of Appeals
Decided June 5, 1984PublishedCited by 33 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Under sections 421 and 431 of the zoning ordinance, nurseries are permitted uses in an R-2A district with a special use permit and the power to grant such a permit is reserved to the Town Board. When the legislative body reserves to itself the granting of special exceptions it need set forth no standards for the exercise of its discretion (Matter of Larkin Co. v Schwab, 242 NY 330, 334; see Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20), and even if the ordinance sets forth standards, it has…
2Cases cited5 opinions
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- Bar Harbour Shopping Center, Inc. v. AndrewsNew York Supreme Court · 1959
- 4M Club, Inc. v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1960
3Cited by33 opinions
- Harlen Associates v. The Incorporated Village of Mineola and Board of Trustees for the Incorporated Village of MineolaCourt of Appeals for the Second Circuit · 2001
- FGL & L Property Corp. v. City of RyeNew York Court of Appeals · 1985
- MATTER OF MKT. SQUARE PROPS., LTD. v. Town of Guilderland Zoning Bd. of AppealsNew York Court of Appeals · 1985
- Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- C & B Realty Co. v. Town Board of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1988
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