Legal Opinion

Frittita v. Pax

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

Decided June 10, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously reversed on the law with costs and petition dismissed. Memorandum: Supreme Court erred in annulling the determination of the Town Board of Grand Island (Board) that denied the application of petitioner for a special use permit to keep a horse on her property and in directing the Board to issue a special use permit to petitioner. “Entitlement to a special [use] permit is not a matter of right (Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20, 24) and compliance with ordinance standards must be shown before a special [use] permit can be granted (see Matter of Tandem…

2Cases cited8 opinions

  1. Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
  2. Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
  3. Wegmans Enterprises, Inc. v. LansingNew York Court of Appeals · 1988
  4. Roginski v. RoseAppellate Division of the Supreme Court of the State of New York · 1983
  5. Roginski v. RoseNew York Court of Appeals · 1984

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3Cited by3 opinions

  1. Morgan v. Town of West BloomfieldAppellate Division of the Supreme Court of the State of New York · 2002
  2. Matter of Rex v. Zoning Bd. of Appeals of Town of SennettAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of 1640 State Rte. 104, LLC v. Town of Ontario Planning Bd.Appellate Division of the Supreme Court of the State of New York · 2022

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