Legal Opinion
National Merritt, Inc. v. Weist
New York Court of Appeals
Decided February 22, 1977Published
1Opinion of the CourtGabrielli, J.
On this appeal, petitioner challenges respondent’s denial of its request for an area variance with respect to approximately 19% acres of land in the Village of Briarcliif *440Manor which petitioner desires to develop as a large shopping center. In the alternative, petitioner argues that the floor area and building length restrictions of the zoning ordinance are unconstitutional as applied to the property in question.
The subject property is located on the easterly side of South Highland Avenue (State Route 9) in the Village of Briarcliff Manor; and is a portion of an original larger parcel of 34…
2Cases cited20 opinions
- Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
- Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
- Colton v. BermanNew York Court of Appeals · 1967
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
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