Legal Opinion
Francis Development & Management Co. v. Town of Clarence
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2003PublishedCited by 4 opinions
1Opinion of the Court
—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Michalek, J.), entered August 27, 2002, which dismissed the CPLR article 78 petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of the Town *881Board of respondent Town of Clarence (Town), denying petitioners’ application for a special exception use permit and to compel the issuance of such a permit. Supreme Court properly dismissed the petition.…
2Cases cited4 opinions
- Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- Bonded Concrete, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
- Olivieri v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Lodge Hotel, Inc. v. Town of Erwin Planning BoardAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Rex v. Zoning Bd. of Appeals of Town of SennettAppellate Division of the Supreme Court of the State of New York · 2021
- Western New York District, Inc. v. Village of LancasterNew York Supreme Court · 2007
- Francis Development & Management Co. v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2004