METHODIST CHURCH v. PLANNING


186 Misc.2d 159 (2000)

715 N.Y.S.2d 279

HIGH STREET UNITED METHODIST CHURCH, Petitioner, v. CITY OF BINGHAMTON PLANNING COMMISSION, Respondent.

Supreme Court, Broome County.

August 15, 2000.


Attorney(s) appearing for the Case

Coughlin & Gerhart, L. L. P., Binghamton (Mark S. Gorgos of counsel), for petitioner.

John A. McHugh, Corporation Counsel of Binghamton (Gregory J. Poland of counsel), for respondent.


OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In this CPLR article 78 proceeding, petitioner challenges respondent Planning Commission's denial of its application for a special use permit to construct a parking lot across the street from petitioner's church. The church, located on Vestal Avenue in the City of Binghamton, is presently served by approximately 40 parking spaces behind the church building. Due to increases in the size of the congregation, and the...

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