Legal Opinion

Downing v. Gaynor

New York Supreme Court

Decided July 30, 1965PublishedCited by 5 opinions

1Opinion of the CourtDaniel G. Albert, J.

This is an article 78 proceeding to review the determination of the Board of Appeals of the Town of Oyster Bay which affirmed the rejection of petitioners’ application for a building permit to erect a gasoline station on premises owned by them, located at the southeast corner of the intersection of Routes 106 and 25A in the Unincorporated Village of East Norwich.

The subject property is situated on what was formerly an area zoned as a “Residence C” Use District. Such use prohibited the maintenance thereon of a gasoline station.

On June 22, 1964, petitioners petitioned the Town Board of *536the Town…

2Cited by5 opinions

  1. Town of Smithtown v. HowellNew York Court of Appeals · 1972
  2. City of Lufkin v. McVickerCourt of Appeals of Texas · 1973
  3. Bank of New York Co. v. Irving Bank Corp.New York Supreme Court · 1988
  4. City of Lufkin v. McVickerCourt of Appeals of Texas · 1973
  5. Monroe v. New York State Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1974

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