Legal Opinion

Matter of Winterton Properties, LLC v. Town of Mamakating Zoning Board of Appeals

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

Decided October 22, 2015No. 520885PublishedCited by 6 opinions

1Opinion of the CourtGarry, J.

Appeal from a judgment of the Supreme Court (McGuire, J.), entered April 3, 2015 in Sullivan County, which partially dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, among other things, review a determination of respondent Town of Mamakating Zoning Board of Appeals interpreting the Town Code of the Town of Mamakating as prohibiting petitioner’s proposed development plan.

Petitioner is the owner of real property in the Town of Mamakating, Sullivan County. The property had previously been used as a day spa, and…

2Cases cited6 opinions

  1. Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997
  2. Arceri v. Town of Islip Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
  3. Subdivisions, Inc. v. Town of SullivanAppellate Division of the Supreme Court of the State of New York · 2012
  4. Albany Basketball & Sports Corp. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
  5. Atkinson v. WiltAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by6 opinions

  1. Matter of Lumberjack Pass Amusements, LLC v. Town of Queensbury Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
  2. Sullivan v. Board of Zoning Appeals of AlbanyAppellate Division of the Supreme Court of the State of New York · 2016
  3. Biggs v. Zoning Board of AppealsNew York Supreme Court · 2016
  4. Matter of Fox v. Town of Geneva Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Northwood Sch., Inc. v. Joint Zoning Bd. of Appeals for The Town of N. Elba & Vil. of Lake PlacidAppellate Division of the Supreme Court of the State of New York · 2019

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