Civic Ass'n of the Setaukets v. Trotta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven, dated April 18, 2002, which, after a hearing, granted the appellant’s application for an area variance, the appeal is from a judgment of the Supreme Court, Suffolk County (Lifson, J.), dated March 25, 2003, which annulled the determination.
Ordered that the judgment is affirmed, with costs.
In determining whether to grant an area variance, a zoning board must “engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety…
2Cases cited6 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Matter of Lafayette Storage & Moving Corp.New York Court of Appeals · 1991
- Mobil Oil Corp. v. Village of Mamaroneck Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by8 opinions
- Campo Grandchildren Trust v. ColsonAppellate Division of the Supreme Court of the State of New York · 2007
- Aliperti v. TrottaAppellate Division of the Supreme Court of the State of New York · 2006
- Clinton Mews Owners Corp. v. New York City Water BoardAppellate Division of the Supreme Court of the State of New York · 2009
- Bayley Seton Hospital v. New York City Water BoardAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Amdurer v. Village of New Hempstead Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2017
3 more not listed; retrieve them via the Exa API.