Legal Opinion

Mitchell v. Kemp

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

Decided October 21, 1991PublishedCited by 9 opinions

1Opinion of the Court

— In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the appellant Town Board of the Town of Pine Plains, dated January 3, 1991, denying the petitioner’s application for a variance, and for a judgment declaring the Land Use Moratorium Law of the Town of Pine Plains (Local Laws, 1990, No. 4 of the Town of Pine Plains), unconstitutional, the appeal is from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated May 20, 1991, which declared Local Laws, 1990, No. 4 of the Town of Pine Plains unconstitutional and directed the Building Inspector of the…

2Cases cited5 opinions

  1. Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
  2. Pokoik v. SilsdorfNew York Court of Appeals · 1976
  3. East Meadow Community Concerts Ass'n v. Board of Education of Union Free School District No. 3New York Court of Appeals · 1966
  4. Russo v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1977
  5. Lakeview Apartments of Hunns Lake, Inc. v. Town of StanfordAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by9 opinions

  1. Cellular Telephone Co. v. Village of TarrytownAppellate Division of the Supreme Court of the State of New York · 1995
  2. Laurel Realty v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2007
  3. Hearst Corp. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2011
  4. First Baptist Church of Crown Heights Center for Nursing & Rehabilitation, Inc. v. NovelloNew York Supreme Court · 2001
  5. Oblin Homes, Inc. v. Village of Dobbs FerryDistrict Court, S.D. New York · 1996

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