Legal Opinion
Heitzman v. Town of Lake George Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 2003PublishedCited by 5 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a judgment of the Supreme Court (Moynihan, Jr., J.), entered March 4, 2003 in Warren County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Town of Lake George Zoning Board of Appeals denying petitioner’s request for an area variance.
In March 2002, petitioner’s cottage, which was located in the Town of Lake George, Warren County, was destroyed by fire. Pursuant to the Town’s zoning code, a nonconforming use, such as the cottage, may be rebuilt on the existing footprint without any…
2Cases cited5 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Rogers v. BaumAppellate Division of the Supreme Court of the State of New York · 1996
- Citizens Against Illegal Zoning v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
- Chase v. Zoning Board of Appeals of WiltonAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Isle Harbor Homeowners v. Town of Bolton Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of 209 Hudson St., LLC v. City of Ithaca Bd. of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Palmer v. Town of New Windsor Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2024
- Matter of Williams v. Town of Lake Luzerne Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2025