Legal Opinion

Bell v. Szmigel

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1991PublishedCited by 4 opinions

1Opinion of the Court

Judgment *1033unanimously reversed on the law without costs, petition dismissed and determination of the Zoning Board of Appeals reinstated. Memorandum: Supreme Court erred in annulling and vacating the determination of the Zoning Board of Appeals. The determination denied petitioners’ application for the renewal of a special use permit for a bicycle ramp on their premises. The record establishes that the Board had authority to grant the temporary permit and that petitioners violated some of the conditions the Board imposed during the six month period. The court should not have substituted its…

2Cases cited2 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Lakeshore Assembly of God Church v. Village Board of WestfieldAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. Metro Enviro Transfer v. Village of Croton-on-HudsonAppellate Division of the Supreme Court of the State of New York · 2004
  2. Bailey v. City Planning Commission of RochesterAppellate Division of the Supreme Court of the State of New York · 1992
  3. Sea Cliff Equities, LLC v. Board of Zoning Appeals of Inc. Village of Sea CliffAppellate Division of the Supreme Court of the State of New York · 2013
  4. Sea Cliff Equities, LLC v. Board of Zoning Appeals of Inc. Village of Sea CliffAppellate Division of the Supreme Court of the State of New York · 2013

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