Legal Opinion
MTR. OFF SHORE REST. CORP. v. Linden
New York Court of Appeals
Decided March 22, 1972PublishedCited by 38 opinions
1Opinion of the Court
*162Breitel, J.
In this article 78 proceeding to review a denial of a building permit and a variance, respondent municipal agencies appeal. The issue is whether a delicatessen in a business district, exempt from off-street parking ordinance as a pre-existing use, may be altered to a cocktail lounge with increased seating capacity, without provision of any off-istreet parking.
The Zoning Board of Appeals, after a hearing, denied petitioner’s application for a building permit as of right or a variance. The Supreme Court annulled the determination and directed issuance of a building permit. The…
2Cases cited15 opinions
- Marcus v. Village of MamaroneckNew York Court of Appeals · 1940
- Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
- Brackett v. Board of AppealMassachusetts Supreme Judicial Court · 1942
- Salerni v. ScheuySupreme Court of Connecticut · 1954
- Keeling v. Board of Zoning AppealsIndiana Court of Appeals · 1946
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
- Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
- City & Borough of Juneau v. ThibodeauAlaska Supreme Court · 1979
33 more not listed; retrieve them via the Exa API.