Legal Opinion

Scott v. Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 1982PublishedCited by 6 opinions

1Opinion of the Court

— Judgment unanimously affirmed, with costs. Memorandum: Special Term’s judgment annulling the board’s determination denying petitioner a special use permit and directing the board to issue the permit subject to reasonable conditions but without a time restriction should be affirmed. The board admitted that petitioner’s business is a permitted special use contemplated under the ordinance. As such, it is tantamount to a legislative finding that the use is in harmony with the general zoning plan and that it will not adversely affect the neighborhood (Matter of North Shore Steak House v Board of…

2Cases cited4 opinions

  1. North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
  2. Carrol's Development Corp. v. GibsonNew York Court of Appeals · 1981
  3. Carrol's Development Corp. v. GibsonAppellate Division of the Supreme Court of the State of New York · 1980
  4. Thayer v. BaybuttAppellate Division of the Supreme Court of the State of New York · 1968

3Cited by6 opinions

  1. Green v. Lo GrandeAppellate Division of the Supreme Court of the State of New York · 1983
  2. Dan Gernatt Gravel Products, Inc. v. Town of CollinsAppellate Division of the Supreme Court of the State of New York · 1984
  3. Pilato v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1989
  4. Matter of Rex v. Zoning Bd. of Appeals of Town of SennettAppellate Division of the Supreme Court of the State of New York · 2021
  5. Syracuse Land Corp. v. Town of ClayAppellate Division of the Supreme Court of the State of New York · 1985

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