Legal Opinion · Dissent
Robert Lee Realty Co. v. Village of Spring Valley
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 1983Published
1Dissent
Gibbons, J. P.
dissents and votes to reverse the judgment appealed, from, confirm the determination and dismiss the proceeding on the merits, with the following memorandum: The petitioner, a partnership, is the owner of a commercial shopping center located at the intersection of Kennedy Boulevard and Route 59 in the Village of Spring Valley. On or about October 1, 1980, a supermarket located in the shopping center was destroyed by fire. Rather than restore the building to its former use, petitioner decided to build a structure containing several retail stores and three mini theaters. In April,…
2Cases cited5 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. WagnerNew York Court of Appeals · 1977
- Wen & Liz Realty Corp. v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1983