309 N.Y. 730 (1955)

In the Matter of B & G Construction Corp. et al., Respondents, v. Board of Appeals of the Village of Amityville et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Edward R. Phillips for appellants.

Sydney Hoffman and Jacob Bendersky for respondents.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD and BURKE, JJ. FROESSEL and VAN VOORHIS, JJ., dissent and vote to affirm.

Order of the Appellate Division and that of Special Term reversed, petition dismissed and determination of respondent board reinstated, with costs in all courts. The board's denial of the certificate of occupancy cannot be overruled by the courts since that denial was not arbitrary but based on sufficient proof of violation of a valid local zoning ordinance (see Matter of Larkin Co. v. Schwab, 242 N.Y. 330, 335; Matter of Kopec v. Buffalo Brake Beam-Acme Steel & Malleable Iron Works, 304 N.Y. 65, 71; Matter of Green Point Sav. Bank v. Board of Zoning Appeals, 281 N.Y. 534, 539). The prior issue to petitioner of a building permit could not "confer rights in contravention of the zoning laws" (City of Buffalo v. Roadway Tr. Co., 303 N.Y. 453, 463). No opinion.


1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases