MATTER OF MKT. SQUARE PROPS., LTD. v. TOWN OF GUILDERLAND ZONING BD. OF APPEALS


66 N.Y.2d 893 (1985)

In the Matter of Market Square Properties, Ltd., Appellant, v. Town of Guilderland Zoning Board of Appeals, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1985.


Attorney(s) appearing for the Case

John W. Clark for appellant.

William F. Sheehan, Assistant Town Attorney, for respondent.

David E. Peebles and Elletta Sangrey Callahan for Guilderland Central School District, amicus curiae.

Eric J. Fenton for Guilderland Chamber of Commerce, amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Respondent's determination that appellant's application for a special use permit did not meet town zoning ordinance standards, in that the proposed shopping center would create undue traffic congestion and hazard to the nearby school, is sufficiently supported by the record (see, Matter of Tandem Holding Corp. v Board of Zoning...

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