Legal Opinion

Mackay v. Mayhall

New York Supreme Court

Decided April 21, 1977PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Leon D. Lazer, J.

Can a subsequently adopted "merger” provision in a zoning ordinance extinguish single and separate ownership rights relative to a nonconforming parcel whose title has been joined with that of adjacent land? The issue arises in an article 78 proceeding brought to review a determination of the Zoning *869Board of Appeals of the Town of East Hampton (the "board”) which, subject to certain conditions, granted petitioner’s application for an area variance to divide her property into two parcels and for ancillary relief. Petitioner seeks judgment: (1) nullifying the…

2Cases cited18 opinions

  1. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  2. Allen v. AdamiNew York Court of Appeals · 1976
  3. Thomas v. Town of BedfordNew York Court of Appeals · 1962
  4. Long Island Land Research Bureau, Inc. v. YoungNew York Supreme Court · 1957
  5. Bexson v. Board of Zoning & AppealsAppellate Division of the Supreme Court of the State of New York · 1967

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

3Cited by8 opinions

  1. Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
  2. McDermott v. RoseAppellate Division of the Supreme Court of the State of New York · 1989
  3. 640 Broadway Renaissance Co. v. CuomoDistrict Court, S.D. New York · 1990
  4. M.E.F. Builders, Inc. v. SiegelAppellate Division of the Supreme Court of the State of New York · 1990
  5. Morin v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1990

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

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