S.D. Office Equipment Co. v. Philbrick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: Petitioner owns and operates the Bounty Harbor Marina (Marina) in the Town of Penfield (Town). Its property consists of 14.7 acres of upland area and 10 areas of adjacent land under Irondequoit Bay (Bay). The Marina is located on the Bay offshore of petitioner’s upland property. Petitioner also owns and operates a restaurant with parking facilities on the upland property.
In May 1985 the Penfield Zoning Board of Appeals (ZBA) granted petitioner’s predecessor in title a conditional use permit for the construction and operation of 106 boat…
2Cases cited8 opinions
- Rudolf Steiner Fellowship Foundation v. De LucciaNew York Court of Appeals · 1997
- Aversano v. Two Family Use Board of BabylonAppellate Division of the Supreme Court of the State of New York · 1986
- C. De Masco Scrap Iron & Metal Corp. v. ZirkAppellate Division of the Supreme Court of the State of New York · 1978
- Haher's Sodus Point Bait Shop, Inc. v. WigleAppellate Division of the Supreme Court of the State of New York · 1988
- Buffouno v. Board of Zoning & Appeals of Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by3 opinions
- Board of Trustees of Village of Sackets Harbor v. Sackets Harbor Leasing Co., LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Town of North Elba v. GrimditchAppellate Division of the Supreme Court of the State of New York · 2012
- Town of North Elba v. GrimditchAppellate Division of the Supreme Court of the State of New York · 2012