1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 2 N.Y.3d
  5. 2 N.Y.3d 297 (2004)
 

REAL HOLDING CORP. v. LEHIGH

2 N.Y.3d 297 (2004)

810 N.E.2d 890

778 N.Y.S.2d 438

In the Matter of REAL HOLDING CORP., Respondent, et al., Petitioner, v. ALAN LEHIGH et al., Appellants.

Court of Appeals of the State of New York.

Decided May 6, 2004.

Attorney(s) appearing for the Case

Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP, Wappingers Falls (Karen P. MacNish and Albert P. Roberts of counsel), for appellant.

Keane & Beane, P.C., White Plains (Judson K. Siebert of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur.

OPINION OF THE COURT

READ, J.

We are asked to decide whether Town Law § 274-b (3) authorizes a zoning board of appeals (ZBA) to grant area variances from special use permit requirements. For the reasons that follow, we hold that Town Law § 274-b (3) vests a ZBA with authority to grant an area variance from any requirement in a zoning regulation, including those for a special use permit.

I.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

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