Legal Opinion

Squicciarini v. Planning Board

New York Court of Appeals

Decided March 23, 1976PublishedCited by 11 opinions

1Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed.

The Zoning Law of the Town of Chester provides that "Failure of the Planning Board to take action on a special permitted use within 45 days of the public hearing shall be construed as authorization of such use by the Planning Board” (§ 5.1.2.4).

Petitioners applied for a special permit for excavation and removal of sand and gravel, and a public hearing was held by the Planning Board on July 3, 1974. The only evidence in the record as to action assertedly taken by the Planning Board thereafter with respect to such application is…

2Cited by11 opinions

Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
Hawaii Electric Light Co. v. Department of Land & Natural ResourcesHawaii Supreme Court · 2003
Stato v. SquicciariniAppellate Division of the Supreme Court of the State of New York · 1977
Walt Whitman Game Room Inc. v. Zoning Board of Appeals of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1976
New York State Urban Development Corp. v. Vanderlex Merchandise Co.New York Supreme Court · 1979

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