Legal Opinion
In the Matter of Colin Realty Co., LLC v. Town of North Hempstead
New York Court of Appeals
Decided October 16, 2014No. 150PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
This appeal calls upon us to revisit our decisions in Matter of Overhill Bldg. Co. v Delany (28 NY2d 449 [1971]) (Overhill) and Matter of Off Shore Rest. Corp. v Linden (30 NY2d 160 [1972, Scileppi, J., dissenting]) (Off Shore), which both dealt with variances from the off-street parking requirements of zoning ordinances. We now hold that a zoning board of appeals should evaluate requests for off-street parking variances by applying the standards for an area variance so long as the property is intended to be used for a purpose permitted in the zoning district. To…
2Cases cited8 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
- MATTER OF FULLING v. PalumboNew York Court of Appeals · 1967
- MTR. OFF SHORE REST. CORP. v. LindenNew York Court of Appeals · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Matter of M&V 99 Franklin Realty Corp. v. WeissAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Goodman v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2015
- Colin Realty Co., LLC v. Manhasset Pizza, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Bonefish Grill, LLC v. Zoning Bd. of Appeals of the Vil. of Rockville Ctr.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Zapson v. Zoning Bd. of Appeals of the City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2021
15 more not listed; retrieve them via the Exa API.