Legal Opinion
Orchard Michael, Inc. v. Falcon
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 1985PublishedCited by 8 opinions
1Opinion of the Court
Petitioner owns a Tops Supermarket in Orchard Park. When the property was acquired and the supermarket constructed in 1972, the side yard setback was 75 feet. The zoning ordinance has since been amended reducing the required setback to 25 feet. Petitioner sought a variance, which would sanction an encroachment of up to 14 feet into the 25-foot setback, for the purpose of enlarging its market by about 46% of its present size so that the market could be more profitable and more competitive with larger, newer markets in the area. The evidence before the Board clearly indicates that petitioner…
2Cases cited3 opinions
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Brower v. Board of Zoning Appeals of Inc. Village of Valley StreamAppellate Division of the Supreme Court of the State of New York · 1977
- Suffolk Diamond & Jewelry Exchange v. AmelkinAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by8 opinions
- Stengel v. Town of Woodstock Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1989
- Scarsdale Avenue Equities Associates, Ltd. v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1993
- Vivest Building Corp. v. AuwarterAppellate Division of the Supreme Court of the State of New York · 1989
- Marino v. Zoning Board of Appeals of CheektowagaAppellate Division of the Supreme Court of the State of New York · 1991
- McLaren v. SchickAppellate Division of the Supreme Court of the State of New York · 1985
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