Legal Opinion
Tappan Cleaners v. Zoning Board of Appeals of Village of Irvington
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008PublishedCited by 11 opinions
1Opinion of the Court
*684The Supreme Court erroneously determined that the petitioner had standing to challenge the determination of the Zoning Board of Appeals of the Village of Irvington (hereinafter the Board). Notwithstanding the proximity of the petitioner’s business to the property owned by 53 Main Realty, LLC, the petition failed to allege any clear noneconomic concerns, and instead implied that the petitioner’s challenge was based on a fear of increased business competition. Such an interest is not within the zone of interests protected by the relevant zoning regulations (see Matter of Sun-Brite Car Wash v…
2Cases cited3 opinions
- Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
- Brighton Residents v. MW Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2003
- Fox v. FavreAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by11 opinions
- Riverhead PGC, LLC v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Panevan Corp. v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Stewart Park & Reserve Coalition, Inc. v. Town of New Windsor Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
- East Hampton Indoor Tennis Club, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
- Hadland v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2012
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