Legal Opinion

Franchise Realty Interstate Corp. v. Rab

New York Supreme Court

Decided January 29, 1973PublishedCited by 1 opinion

1Opinion of the Court

■ Bertram Harnett, J.

The Village Zoning Board of Appeals of Port Washington North has denied the application of the well-known McDonald’s food chain corporate real estate entity, Franchise Realty Interstate Corp. (hereinafter McDonald’s) for a conditional use permit. The board found that the contemplated activity at McDonald’s being a drive-in and eat-out place, fell within uses prohibited by local ordinances, and that, in any event, insufficient parking spaces were available for the facility. McDonald’s does not attack the validity of these zoning rules in this article 78 proceeding, but…

2Cases cited4 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
  3. Freitag v. MarshAppellate Division of the Supreme Court of the State of New York · 1952
  4. Vitolo v. ChaveNew York Supreme Court · 1970

3Cited by1 opinion

  1. In re Appeal of HaffCommonwealth Court of Pennsylvania · 1982

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