Commco, Inc. v. Amelkin
New York Court of Appeals
POINTS OF COUNSEL I. There is no legal precedent, in case law or statute, for what the Town Board did in this case. {Board of Supervisors v Bowen, 4 Lans 24; Matter of Town Bd. v Zoning Bd., 7 Mise 2d 210; Bowman v Squillace, 74 AD2d 887; Matter ofBachety v Volz, 65 Mise 2d 176, 39 AD2d 842; Town of Greece v Smith, 256 App Div 886; Matter ofAndgar Assoc, v Board of Zoning Appeals, 30 AD2d 672, 22 NY2d 648; Blumberg v Town of North Hempstead, 114 Mise 2d 8; Jaffe v Burns, 64…
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POINTS OF COUNSEL I. There is no legal precedent, in case law or statute, for what the Town Board did in this case. {Board of Supervisors v Bowen, 4 Lans 24; Matter of Town Bd. v Zoning Bd., 7 Mise 2d 210; Bowman v Squillace, 74 AD2d 887; Matter ofBachety v Volz, 65 Mise 2d 176, 39 AD2d 842; Town of Greece v Smith, 256 App Div 886; Matter ofAndgar Assoc, v Board of Zoning Appeals, 30 AD2d 672, 22 NY2d 648; Blumberg v Town of North Hempstead, 114 Mise 2d 8; Jaffe v Burns, 64 AD2d 692.) II. Under the circumstances of this case, the Zoning Board was authorized to employ its own counsel. (Cahn v…
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
Under the Town Law, a town zoning board of appeals has been exclusively empowered to grant or deny zoning variances. That power may not be circumvented or vitiated by permitting a town board to control the defense of zoning board determinations regarding a requested use variance. Therefore, when an article 78 proceeding has been brought against a zoning board of appeals to challenge the denial of a use variance, such a proceeding may not be settled by the town board, nor may the town board move to withdraw an appeal in that proceeding on behalf of the…
2Cases cited23 opinions
- Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
- Cahn v. Town of HuntingtonNew York Court of Appeals · 1972
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- Village of Bronxville v. FrancisAppellate Division of the Supreme Court of the State of New York · 1956
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
18 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Fortress Bible Church v. FeinerCourt of Appeals for the Second Circuit · 2012
- Bikur Cholim, Inc. v. Village of SuffernDistrict Court, S.D. New York · 2009
- McNeill v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1999
- MATTER OF EMMETT v. Town of EdmestonNew York Court of Appeals · 2004
- The Metropolitan Government of Nashville And Davidson County, Tennessee v. The Board of Zoning Appeals Of Nashville And Davidson County, TennesseeTennessee Supreme Court · 2015
32 more not listed; retrieve them via the Exa API.