Legal Opinion
Real Holding Corp. v. Lehigh
New York Court of Appeals
Decided May 6, 2004PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are asked to decide whether Town Law § 274-b (3) authorizes a zoning board of appeals (ZBA) to grant area variances from special use permit requirements. For the reasons that follow, we hold that Town Law § 274-b (3) vests a ZBA with authority to grant an area variance from any requirement in a zoning regulation, including those for a special use permit.
I
In 1992, Real Holding Corp. (RHC) acquired a one-half-acre parcel of land situated within a “Highway Business District” as shown on the Town of Wappinger’s zoning map. This parcel had served since the mid-1960’s…
2Cases cited5 opinions
- Jewish Reconstructionist Synagogue of North Shore, Inc. v. Incorporated Village of Roslyn HarborNew York Court of Appeals · 1976
- Commco, Inc. v. AmelkinNew York Court of Appeals · 1984
- Holy Spirit Ass'n v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1983
- MATTER OF JEWISH RECONSTRUCTIONIST SYNAGOGUE OF THE N. SHORE, INC. v. LevitanNew York Court of Appeals · 1974
- Knadle v. Zoning Board of Appeals of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by13 opinions
- Ford v. Oregon Electric Ry. Co.Oregon Supreme Court · 1911
- Matter of Muller v. Zoning Bd. of Appeals Town of LewisboroAppellate Division of the Supreme Court of the State of New York · 2021
- Borrok v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2015
- Capriola v. WrightAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Manocherian v. Zoning Bd. of Appeals of the Town of New CastleAppellate Division of the Supreme Court of the State of New York · 2022
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