Legal Opinion
Benderson Development Co. v. Swiatek
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 1990PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously reversed on the law without costs, determination reinstated and petition dismissed, in accordance with the following memorandum: Pursuant to CPLR 103 (c), we convert this CPLR article 78 proceeding to an action for a declaratory judgment, reverse the judgment of Supreme Court which annulled respondent’s determination denying petitioner’s request to rezone its property and its request for a special permit, and reinstate that determination.
Petitioner, the owner of a 30.23-acre parcel of vacant land zoned "M2-General Manufacturing” located in the Town of Cheektowaga, applied…
2Cases cited9 opinions
- Alscot Investing Corp. v. Incorporated Village of Rockville CentreNew York Court of Appeals · 1985
- Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.New York Court of Appeals · 1979
- Alscot Investing Corp. v. Incorporated Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 1984
- Janas v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1976
- Jackson & Perkins Co. v. MartinNew York Court of Appeals · 1963
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3Cited by4 opinions
- Jones v. Town of CarrollAppellate Division of the Supreme Court of the State of New York · 2006
- Litz v. Town Board of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1993
- Zionts v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Allard v. County of SteubenAppellate Division of the Supreme Court of the State of New York · 2026