Frittita v. Pax
Appellate Division of the Supreme Court of the State of New York
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
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- Wegmans Enterprises, Inc. v. LansingNew York Court of Appeals · 1988
- Roginski v. RoseAppellate Division of the Supreme Court of the State of New York · 1983
- Roginski v. RoseNew York Court of Appeals · 1984
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3Cited by3 opinions
- Morgan v. Town of West BloomfieldAppellate Division of the Supreme Court of the State of New York · 2002
- Matter of Rex v. Zoning Bd. of Appeals of Town of SennettAppellate Division of the Supreme Court of the State of New York · 2021
- 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