Legal Opinion
Lo Conti v. City of Utica
New York Supreme Court
Decided November 28, 1966PublishedCited by 3 opinions
1Opinion of the CourtRichard J. Cardamone, J.
This article 78 proceeding is brought by the plaintiff for an order directing the Department of Buildings of the City of Utica to issue a building permit for the building of a commercial structure on petitioner’s property in the City of Utica.
The petitioner is the owner of real property located at the corner of Rutger and Albany Streets in Utica, known as 1002 Albany Street, which he has owned since the year 1962. On August 4, 1966, the petitioner applied for a building permit to construct a “MacDonald Hamburger Drive-In” on this commercially zoned corner property. At the time the application…
2Cases cited10 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Boardwalk & Seashore Corp. v. MurdockNew York Court of Appeals · 1941
- City of Buffalo v. Roadway Transit Co.New York Court of Appeals · 1952
- Village of Williston Park v. IsraelNew York Supreme Court · 1948
- Matter of City of N.Y. (Piers Old Nos. 8-11)New York Court of Appeals · 1920
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3Cited by3 opinions
- Avelli v. Town of BabylonNew York Supreme Court · 1967
- Lake Illyria Corp. v. Town of GardinerAppellate Division of the Supreme Court of the State of New York · 1974
- Oakwood Island Yacht Club, Inc. v. City of New RochelleNew York Supreme Court · 1969