Letourneau v. Town of Berne
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
In 2001, respondent Victor Procopio purchased a parcel of real property abutting Helderberg Lake in the Town of Berne, Albany County. The dwelling on the property had collapsed and been declared unsafe by respondent Peter Schaming, the building and zoning administrator for respondent Town of Berne. Procopio obtained a building permit to demolish the structure and rebuild it.* After construction began, petitioner, who owns a neighboring parcel, made a request that the Town rescind the permit, then commenced a proceeding pursuant to CPLR article 78 seeking to compel such rescission. Supreme…
2Cases cited6 opinions
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- Bailey v. ChernoffAppellate Division of the Supreme Court of the State of New York · 2007
- Clarke v. Town of Sand Lake Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2008
- Smelyansky v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
- Rivendell Winery, LLC v. DonovanAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by5 opinions
- Town of North Elba v. GrimditchAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Sand Land Corp. v. Zoning Bd. of Appeals of Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2016
- Albany Basketball & Sports Corp. v. City of AlbanyNew York Supreme Court · 2013
- Matter of 101CO, LLC v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Micklas v. Town of Halfmoon Planning Bd.Appellate Division of the Supreme Court of the State of New York · 2019