Legal Opinion

Hess Realty Corp. v. Planning Commission

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

Decided November 4, 1993PublishedCited by 9 opinions

1Opinion of the CourtMercure, J.

Appeal from a judgment of the Supreme Court (Lynch, J.), entered April 17, 1992 in Schenectady County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioners a special use permit.

Petitioners applied for a special use permit for construction of a convenience store with motor vehicle fuel pumps on land located predominately in a B-l zoning district of the Town of Rotterdam, Schenectady County. Respondent denied the application upon the ground that the Town Zoning Ordinance (Town of Rotterdam Code, ch 270)…

2Cases cited5 opinions

  1. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  2. Frishman v. SchmidtNew York Court of Appeals · 1984
  3. Allen v. AdamiNew York Court of Appeals · 1976
  4. Barkus v. KernAppellate Division of the Supreme Court of the State of New York · 1990
  5. Holland v. LeonardAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by9 opinions

  1. Bonded Concrete, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
  2. Albany Basketball & Sports Corp. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
  3. Atkinson v. WiltAppellate Division of the Supreme Court of the State of New York · 2012
  4. KMO-361 Realty Associates v. DaviesAppellate Division of the Supreme Court of the State of New York · 1994
  5. Loudon House LLC v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2014

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