Legal Opinion
Miller v. Ward
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1979PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Town of East Fishkill Zoning Board of Appeals that denied petitioners’ application for a special use permit to conduct soil mining, the appeal is from a judgment of the Supreme Court, Dutchess County, dated May 15, 1978, which annulled the determination and directed the zoning board to issue the special use permit upon such terms and conditions as are required by the ordinance. Judgment reversed, on the law, with costs, determination of the board confirmed and proceeding dismissed on the merits. The zoning board…
2Cases cited4 opinions
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977
- MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. WagnerNew York Court of Appeals · 1977
3Cited by3 opinions
- Holy Spirit Ass'n v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1983
- Brick Hill Construction Corp. v. Zoning Board of Appeals of SomersAppellate Division of the Supreme Court of the State of New York · 1980
- Shepard v. Zoning Board of Appeals of JohnstownAppellate Division of the Supreme Court of the State of New York · 1983