Legal Opinion
James v. Town of New Hartford
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1975PublishedCited by 4 opinions
1Opinion of the CourtDel Vecchio, J.
Petitioners appeal from a judgment dismissing the petition in this proceeding instituted under CPLR article 78 to compel the Town Board of the Town of New Hartford to rezone a parcel of land on which petitioners operate a restaurant from Residential to Commercial B-l. We believe the disposition by Special Term was correct and accordingly affirm the judgment.
A restaurant had been operated on the subject premises for some time prior to the enactment of the Town of New Hartford Zoning Ordinance in 1952, and it thereupon became a nonconforming use, the continuance of which was protected by…
2Cases cited1 opinion
- Mendozza v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by4 opinions
- Sawyer Environmental Recovery Facilities, Inc. v. Town of HampdenSupreme Judicial Court of Maine · 2000
- Matter of Waterways Dev. Corp. v. Town of Brookhaven Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
- Angel Plants, Inc. v. SchoenfeldAppellate Division of the Supreme Court of the State of New York · 1989
- Atlantic Richfield Co. v. SennAppellate Division of the Supreme Court of the State of New York · 1984