Legal Opinion

Rosewood Home Builders, Inc. v. Zoning Board of Appeals

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2005PublishedCited by 6 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered July 27, 2004 in Saratogá County, which dismissed petitioner’s application, in a proceeding pursuant to CELR article 78, to review a determination of respondent Zoning Board of Appeals of the Town of Waterford denying petitioner’s request for area variances.

Fetitioner is the developer of a residential subdivision in the Town of Waterford, Saratoga County. Due to an error by one of petitioner’s subcontractors or its surveyor, the two-unit townhouse constructed on lot 70 of the subdivision was situated 2.5 feet…

2Cases cited7 opinions

  1. Ifrah v. UtschigNew York Court of Appeals · 2002
  2. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  3. Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
  4. Johnson v. Town of Queensbury Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
  5. Carlucci v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by6 opinions

  1. Genser v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  2. Matter of Sacher v. Village of Old BrookvilleAppellate Division of the Supreme Court of the State of New York · 2015
  3. Baiza v. City of College ParkCourt of Special Appeals of Maryland · 2010
  4. Friedman v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Source Renewables, LLC v. Town of Cortlandville Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2023

1 more not listed; retrieve them via the Exa API.

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