Legal Opinion
Tall Trees Construction Corp. v. Zoning Board of Appeals
New York Court of Appeals
Decided November 19, 2001PublishedCited by 114 opinions
1Opinion of the Court
*89OPINION OF THE COURT
Wesley, J.
This case calls into question the effect of repeated tie votes rendered by the Town of Huntington Zoning Board of Appeals on petitioner’s application for area variances. We conclude that when a quorum of the Board is present and participates in a vote on an application, a vote of less than a majority of the Board is deemed a denial.
In 1996, petitioner Tall Trees Construction Corporation applied to the seven-member Zoning Board of Appeals for the Town of Huntington for minor area variances, seeking to divide a 1.94 acre parcel of land into two lots, one of which…
2Cases cited20 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Fuhst v. FoleyNew York Court of Appeals · 1978
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
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3Cited by114 opinions
- Samiento v. World Yacht Inc.New York Court of Appeals · 2008
- In re M.B. Mental Hygiene Legal ServiceNew York Court of Appeals · 2006
- People v. GarsonNew York Court of Appeals · 2006
- State v. PatriciaNew York Court of Appeals · 2006
- Charter Development Co. v. City of BuffaloNew York Court of Appeals · 2006
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