Legal Opinion
Kowalczyk v. Town of Amsterdam Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2012Published
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Supreme Court (J. Sise, J.), entered June 7, 2011 in Montgomery County, which, in two proceedings pursuant to CPLR article 78, granted respondents’ motion to dismiss the petitions.
Petitioners and respondents David Kaczkowski and Sylvia *1476Kaczkowski own adjoining parcels of property in a residentially zoned district in the Town of Amsterdam, Montgomery County. The Kaczkowskis acquired their property in 2004 and operate a junkyard as a preexisting nonconforming use that predates the Town’s 1972 enactment of zoning, which did not permit such use in a residential zone.…
2Cases cited9 opinions
- Dreikausen v. Zoning Board of AppealsNew York Court of Appeals · 2002
- Citineighbors Coalition of Historic Carnegie Hill v. New York City Landmarks Preservation CommissionNew York Court of Appeals · 2004
- Defreestville Area Neighborhood Ass'n v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
- Riverkeeper, Inc. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2008
- Fallati v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 1995
4 more not listed; retrieve them via the Exa API.