Legal Opinion

Beneke v. Town of Santa Clara

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

Decided April 20, 2006PublishedCited by 9 opinions

1Opinion of the CourtPeters, J.

Appeal from an order of the Supreme Court (Demarest, J.), entered September 9, 2005 in Franklin County, which, inter alia, denied plaintiffs motion to dismiss a counterclaim by defendant Town of Santa Clara.

During the fall of 2001, plaintiff, as the trustee of the J. David Beneke Trust, began constructing a “floating boathouse” off the shore of his property on Upper Saranac Lake. His failure to apply for a building permit or variance from defendant Town of Santa Clara was the subject of a prior proceeding before this Court (Matter of Beneke v Town of Santa Clara, 9 AD3d 820 [2004]). There,…

2Cases cited6 opinions

  1. Sokoloff v. Harriman Estates Development Corp.New York Court of Appeals · 2001
  2. ATM One, LLC v. LandaverdeNew York Court of Appeals · 2004
  3. Griffin v. AnslowAppellate Division of the Supreme Court of the State of New York · 2005
  4. Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2004
  5. Andraka v. Town of PompeyAppellate Division of the Supreme Court of the State of New York · 1956

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3Cited by9 opinions

  1. Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2007
  2. Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2007
  3. Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hart Family v. Town of Lake GeorgeAppellate Division of the Supreme Court of the State of New York · 2013
  5. Toaspern v. Laduca Law Firm LLPAppellate Division of the Supreme Court of the State of New York · 2017

4 more not listed; retrieve them via the Exa API.

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