Legal Opinion
Eaton v. Sweeny
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 1931PublishedCited by 5 opinions
1Opinion of the CourtWhitmyer, J.
Petitioner is applying for a permit to erect a one-story fireproof building, to be used for a restaurant, of the “ dining car ” type, on an unimproved lot on the westerly side of Broadway, Saratoga Springs, N. Y., which he has owned since 1928, or thereabouts, and still owns.
Permission was refused on the ground that it would be a violation of the Zoning Ordinance for the cifcy, adopted on or about December 1, 1924. Petitioner acquired the lot after the ordinance was adopted.
The city was divided into four zones, A, B, C and D. The last two are the ones to be considered here.
The lot is in Zone…
2Cases cited13 opinions
- Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Rice v. Van VrankenAppellate Division of the Supreme Court of the State of New York · 1929
- Rice v. Van VrankenNew York Court of Appeals · 1930
- Rice v. Van VrankenNew York Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Defelice v. Zoning Board of AppealsSupreme Court of Connecticut · 1943
- Concerned Citizens of Montauk, Inc. v. LesterAppellate Division of the Supreme Court of the State of New York · 1978
- Fahey v. WrightAppellate Division of the Supreme Court of the State of New York · 1939
- In re BallardNew York Supreme Court · 1931
- People v. HeinNew York Justice Court · 1945