Legal Opinion

Lodge Hotel, Inc. v. Town of Erwin Planning Board

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

Decided May 1, 2009PublishedCited by 3 opinions

1Opinion of the Court

Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered July 23, 2008 in a proceeding pursuant to CPLR article 78. The judgment, inter alia, granted the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

*1258Memorandum: Respondent appeals from a judgment granting the petition seeking to annul its determination denying petitioner’s application for site plan approval for the construction of a Tractor Supply store in a B-2 Office/Commercial District and remitting the…

2Cases cited9 opinions

  1. Violet Realty, Inc. v. City of Buffalo Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
  2. Navin v. MosqueraAppellate Division of the Supreme Court of the State of New York · 2006
  3. Matter of Gershowitz v. Planning Bd. of the Town of BrookhavenNew York Court of Appeals · 1980
  4. Viscio v. Town of Guilderland Planning BoardAppellate Division of the Supreme Court of the State of New York · 1988
  5. Jamil v. Village of Scarsdale Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by3 opinions

  1. ZETES, JAMES P. v. STEPHENS, KELLY A.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Taft v. Village of Newark Planning BoardAppellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of Riedman Acquisitions, LLC v. Town Bd. of Town of MendonAppellate Division of the Supreme Court of the State of New York · 2021

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