Legal Opinion

Duke & Benedict, Inc. v. Town of Southeast

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

Decided September 28, 1998PublishedCited by 20 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to annul and vacate the enactment by the respondent Town of Southeast of an amendment to the Town Zoning Code by resolution dated July 18, 1996, and the enactment of Local Laws, 1996, No. 4 of the Town of Southeast, which rezoned a certain parcel of property, the petitioners Duke & Benedict, Inc., and Benedict Dairy Farms appeal from a judgment of the Supreme Court, Putnam County (Hickman, J.), dated July 18, 1997, which dismissed the proceeding on the ground that the petitioners lacked standing.

Ordered that the judgment is affirmed, with one bill…

2Cases cited9 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  3. Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
  4. Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
  5. Mobil Oil Corp. v. Syracuse Industrial Development AgencyNew York Court of Appeals · 1990

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3Cited by20 opinions

  1. Village of Chestnut Ridge v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2007
  2. Manzi v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2005
  3. Agoglia v. BenepeAppellate Division of the Supreme Court of the State of New York · 2011
  4. Committee to Preserve Brighton Beach & Manhattan Beach, Inc. v. Planning Commission of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  5. Sunrise Development, Inc. v. Town of HuntingtonDistrict Court, E.D. New York · 1999

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