Legal Opinion

Bella Vista Apartment Co. v. Bennett

New York Supreme Court

Decided May 15, 1992PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Herbert A. Posner, J.

This CPLR article 78 proceeding was commenced by a *580developer (Bella Vista) to invalidate a resolution* filed on May 30, 1991 by the Board of Standards and Appeals (BSA). The resolution upheld an April 8, 1991 decision of the Department of Buildings of the City of New York (DOB) which refused to grant a permit to Bella Vista to construct a 14-story apartment house. The Buildings Department declared that Bella Vista must first obtain a modification of a preexisting variance on the lot adjacent to the one upon which the apartment house was to be built.…

2Cases cited10 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. Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
  4. Corter v. Zoning Board of Appeals for the Village of FredoniaAppellate Division of the Supreme Court of the State of New York · 1974
  5. Macmillan, Inc. v. CF Lex AssociatesNew York Court of Appeals · 1982

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3Cited by2 opinions

  1. Bella Vista Apartment Co. v. BennettNew York Court of Appeals · 1997
  2. Bella Vista Apartment Co. v. BennettAppellate Division of the Supreme Court of the State of New York · 1995

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