Legal Opinion
Leibring v. Planning Board of Town of Newfane
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1988PublishedCited by 8 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs, determination annulled and matter remitted to respondent Board, for further proceedings, in accordance with the following memorandum: Petitioners commenced this CPLR article 78 proceeding to annul the Planning Board’s decision to grant a special use permit for the operation of a mobile home park on Bixler Road. In its decision to grant the permit, the Board makes only conclusory statements which merely restate the statutory requirements. These statements fail to provide the factual basis for the Board’s decision and foreclose intelligent…
2Cases cited3 opinions
- Tehan v. ScrivaniAppellate Division of the Supreme Court of the State of New York · 1983
- Greene v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
- Kadish v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by8 opinions
- Gabrielle Realty Corp. v. Board of Zoning Appeals of Village of FreeportAppellate Division of the Supreme Court of the State of New York · 2005
- Tonery v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Morrone v. BennettAppellate Division of the Supreme Court of the State of New York · 1990
- Serota v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1993
- Swan v. DepewAppellate Division of the Supreme Court of the State of New York · 1990
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