Legal Opinion
Monoco Oil Co. v. Town of Pittsford
New York Supreme Court
Decided June 2, 1969PublishedCited by 4 opinions
1Opinion of the CourtMarshall E. Livingston, J.
This is an action for a declaratory judgment to test the constitutionality of the zoning ordinance of the Town of Pittsford, Monroe County, New York, insofar as it applies to the plaintiff’s land in said town.
Prior to the trial of the action, a motion to dismiss was made on the ground that the plaintiff has no standing at this time to bring suit because it failed to exhaust the administrative remedies available to it under the ordinance. The motion is denied.
A zoning board of appeals has no power to determine the validity of the application of the ordinance to the plaintiff, which *751is what the…
2Cases cited5 opinions
- Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
- Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
- Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
- Incorporated Village of Upper Brookville v. FaracoAppellate Division of the Supreme Court of the State of New York · 1953
- Rose v. City of New RochelleNew York Supreme Court · 1953
3Cited by4 opinions
- Redfearn v. CreppelSupreme Court of Louisiana · 1984
- Bowen v. New York News, Inc.District Court, S.D. New York · 1973
- Special Prosecutor v. AnonymousNew York Supreme Court · 1978
- Atlas Henrietta, LLC v. Town of Henrietta Zoning Board of AppealsNew York Supreme Court · 2013