Legal Opinion
Anderson v. Town of Clarence
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2002Published
1Opinion of the Court
—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Mintz, J.), entered January 30, 2001, which dismissed the CPLR article 78 petition after a nonjury trial
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.
Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to compel respondent Town Board of the Town of Clarence (Board) to reissue a special exception use permit (permit) on the ground that the revocation of petitioners’ previous…
2Cases cited4 opinions
- Aronsky v. Board of EducationNew York Court of Appeals · 1990
- Suburban Club of Larkfield, Inc. v. Town of HuntingtonNew York Supreme Court · 1968
- South Woodbury Taxpayers Ass'n v. American Institute of Physics, Inc.New York Supreme Court · 1980
- Sabatino v. DenisonAppellate Division of the Supreme Court of the State of New York · 1994