Legal Opinion
Atkin's Waste Materials, Inc. v. May
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1973Published
1Opinion of the CourtMoule, J.
Since 1942 Atkin’s Waste Materials, Inc. (Atkin’s) operated a scrap processing yard in the City of Rochester (City) on land leased by it from the City. Prior to 1957 the property was located in a “ C-Light Industrial District ”, in which operation of a scrap processing yard was not a prohibited use. In 1957 the area was rezoned to an “ M-l Industrial District ”, in which scrap processing was permitted only upon grant of a variance by the City’s Zoning Board of Appeals. In January, 1964 the Board granted a variance to Atkin’s for the “ term of the lease ” and on April 7, 1964 the City and…
2Cases cited7 opinions
- People Ex Rel. MacCracken v. MillerNew York Court of Appeals · 1943
- St. Paul Gas Light Co. v. St. PaulSupreme Court of the United States · 1901
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Lowe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
- Lowe v. City of New YorkNew York Court of Appeals · 1934
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