Appellate Division, Fourth Department – Zoning – Area Variances   People, Inc. v. City of Tonawanda Zoning Board of Appeals CA 14-00832 Appealed from Supreme Court, Erie County   Background: The respondent appealed from a judgment that granted an article ...

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Supreme Court, Seneca County – Zoning – Article 78 – Standing – Interpretation of Local Law   Lemmon v. Seneca Meadows 48606 Judge Falvey   Background: The petitioners commenced an article 78 proceeding seeking to annul a 2014 resolution and ...

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Appellate Division, Fourth Department Zoning Area Variance – Standard Mimassi v. Town of Whitestown Zoning Board of Appeals CA 14-00913 Appealed from Supreme Court, Onondaga County Background: The petitioner commenced an article 78 proceeding seeking to annul a determination denying ...

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Appellate Division, Fourth Department – Zoning – Collateral Estoppel   Jones v. Town of Carroll CA 14-00282 Appealed from Supreme Court, Chautauqua County   Background: The plaintiff and her husband purchased 50 acres of property in an agricultural/residential zoning district in ...

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Appellate Division, Fourth Department Zoning Judicial Authority Dietrich v. Planning Board of Town of West Seneca CA 13-01765 Appealed from Supreme Court, Erie County Background: The respondent appealed from a judgment that vacated and annulled the determination denying the petitioner’s ...

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Appellate Division, Fourth Department Zoning — Variance Nonconforming Use —– Unnecessary Hardship Christian Airmen, Inc. v. Town of Newstead Zoning Board of Appeals, et al. CA 13-01045 Appealed from Supreme Court, Erie County Background: The town appealed from a judgment ...

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Appellate Division, Fourth Department Zoning SEQRA — Statute of Limitations Becker-Manning, Inc. v. Common Council of City of Utica, et al. CA 13-01124 Appealed from Supreme Court, Oneida County Background: The plaintiff sought a declaration that two parcels of property ...

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New York State Court of Appeals Zoning Special Facts Exception — Selective Enforcement Rocky Point Drive-in v. Town of Brookhaven, et al. No. 197 Judge Rivera Background: The plaintiff sought to develop a property within the defendant town. The plaintiff ...

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Appellate Division, Fourth Department Zoning Correctional Facilities — Preemption County of Herkimer v. Village of Herkimer CA 12-02254 Appealed from Supreme Court, Herkimer County Background: The petitioner selected an abandoned shopping center located within the defendant village as the site ...

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Appellate Division, Fourth Department Zoning Clear Meaning — Contrary Use Hall v. City of Lackawanna Zoning Board of Appeals CA 12-01990 Appealed from Supreme Court, Erie County Background: The petitioner commenced an article 78 proceeding seeking to annul the determination ...

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New York State Court of Appeals Zoning Check Cashing Establishments — Use of Land vs. Identity of the User Sunrise Check Cashing and Payroll Services Inc., et al. v. Town of Hempstead No. 12 Judge Smith Background: Several check cashing ...

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Appellate Division, Fourth Department Zoning Injury in Fact — Increased Competition ADM LLC, et al v. Village of Macedon, et al. CA 12-00259 Appealed from Supreme Court, Wayne County Background: The petitioner-plaintiffs appealed from a judgment and order that dismissed ...

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