O'Connell v. Zoning Board of Appeals of New Scotland
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Spain, J.
Appeal from a judgment of the Supreme Court (Teresi, J.), entered July 20, 1998 in Albany County, which, inter alia, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to join a necessary party.
Michael Tuzzolo is the owner of real property located in the residential agricultural zoning district of the Town of New Scotland, Albany County, where he has operated a trucking and excavating business essentially since 1969. Upon notification in March 1997 that this business was not a permitted use in this zoning district, Tuzzolo…
2Cases cited16 opinions
- Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
- Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
- Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
- Mount Pleasant Cottage School Union Free School District v. SobolAppellate Division of the Supreme Court of the State of New York · 1990
- Mount Pleasant Cottage School Union Free School District v. SobolNew York Court of Appeals · 1991
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3Cited by11 opinions
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- Basha Kill Area Ass'n v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2003
- Home Federal Savings Bank v. VersaceAppellate Division of the Supreme Court of the State of New York · 2000
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