In the Matter of Sun-Brite Car Wash, Inc., Appellant,
v.
Board of Zoning and Appeals of the Town of North Hempstead et al., Respondents.
Allen Avionics, Inc., et al., Appellants,
v.
Universal Broadcasting Corp. et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 17, 1987.
Decided April 28, 1987.
Attorney(s) appearing for the Case
A. Thomas Levin for appellant in the first above-entitled proceeding.
Robert F. Dolan, Town Attorney, for respondents in the first above-entitled proceeding.
Edward T. Robinson III and Stephen J. Lynch for appellants in the second above-entitled action.
Patrick M. Murphy, Jr., Matthew Feinberg and Carole E. Zdan for respondents in the second above-entitled action.
Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.
Court of Appeals of the State of New York.
KAYE, J.
A property holder in nearby proximity to premises that are the subject of a zoning determination may have standing to seek judicial review without pleading and proving special damage, because adverse effect or aggrievement can be inferred from the proximity. Where, however, petitioner's only substantiated objection is the threat of increased business competition...
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