Legal Opinion
Mary T. Probst Family Trust v. Zoning Board of Appeals of Town of Horicon
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2010PublishedCited by 7 opinions
1Opinion of the CourtLahtinen, J.
Appeal from a judgment of the Supreme Court (Krogmann, J.), entered April 22, 2010 in Warren County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for an area variance.
Petitioner is the owner of property in the Town of Horicon, Warren County and sought to build a one-bedroom cottage upon it where a garage now stands. Its application for a building permit was denied on the ground that the cottage would violate setback requirements established by the Town’s zoning ordinance. Petitioner…
2Cases cited5 opinions
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Henry v. WetzlerNew York Court of Appeals · 1993
- North Country Citizens for Responsible Growth, Inc. v. Town of Potsdam Planning BoardAppellate Division of the Supreme Court of the State of New York · 2007
- Cellco Partnership v. BellowsAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by7 opinions
- Blanchfield v. Town of HoosickAppellate Division of the Supreme Court of the State of New York · 2017
- Braunstein v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2012
- Schaller v. Town of New Paltz Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Sticks & Stones Holding, LLC v. Zoning Bd. of Appeals of the Town of MiltonAppellate Division of the Supreme Court of the State of New York · 2022
- Blanchfield v. Town of HoosickAppellate Division of the Supreme Court of the State of New York · 2017
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