Legal Opinion

Marino v. Zoning Board of Appeals of Cheektowaga

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1991PublishedCited by 2 opinions

1Opinion of the Court

— Judgment, insofar as appealed from, unanimously affirmed without costs. Memorandum: Respondent’s denial of petitioners’ application for an area variance for an additional parking space in the front yard of their premises was not arbitrary, capricious or an abuse of discretion because petitioners failed to demonstrate that "strict compliance with the zoning ordinance will result in practical difficulties” (Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309, 314; see also, Matter of Fuhst v Foley, 45 NY2d 441, 445). The basic inquiry in reviewing applications for an area variance…

2Cases cited9 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
  3. Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
  4. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  5. Consolidated Edison Co. v. HoffmanNew York Court of Appeals · 1978

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3Cited by2 opinions

  1. Samon v. City of Utica Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1993
  2. Cirrito v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1993

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