Beneke v. Town of Santa Clara
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Supreme Court (Demarest, J.), entered December 22, 2003 in Franklin County, which dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, inter alia, prohibit respondent from prosecuting him for an alleged building code violation.
After petitioner tried unsuccessfully to obtain both a permit and variance to build a boathouse on his property, he built a “floating boathouse” off the shore of his property on Upper Saranac Lake, in the Town of Santa Clara, Franklin County. As a result,…
2Cases cited11 opinions
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Haggerty v. HimeleinNew York Court of Appeals · 1997
- Bunis v. ConwayAppellate Division of the Supreme Court of the State of New York · 1962
- Hammer v. American Kennel ClubNew York Court of Appeals · 2003
- Hammer v. American Kennel ClubAppellate Division of the Supreme Court of the State of New York · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2007
- Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2007
- Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2006
- Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2009
- Cayuga Indian Nation of New York v. GouldAppellate Division of the Supreme Court of the State of New York · 2009
1 more not listed; retrieve them via the Exa API.