Association for Better Communities, Inc. v. Klein

New York Court of Appeals

Association for Better Communities, Inc. v. Klein

316 N.E.2d 880, 34 N.Y.2d 956, 359 N.Y.S.2d 568, 1974 N.Y. LEXIS 1384

DecidedJuly 15, 1974

StatusPublished

This text of 316 N.E.2d 880 (Association for Better Communities, Inc. v. Klein) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Association for Better Communities, Inc. v. Klein, 316 N.E.2d 880, 34 N.Y.2d 956, 359 N.Y.S.2d 568, 1974 N.Y. LEXIS 1384 (N.Y. 1974).

Pincite

Opinion

Memorandum. The order of the Appellate Division should be affirmed, without costs.

On the merits see memorandum in companion appeal decided simultaneously herewith (Walsh v. Buildimg Dept. of City of N. Y., 34 N Y 2d 954). As to the individual petitioners, the denials of standing and aggrievement set up in the affirmative defense to the petition were never resolved at Special Term either by a hearing or a finding, and the issue was never pursued further in the Appellate Division. Moreover, the briefs refer to relevant matter before Special Term, but which was not made a part of the record on appeal. In this state of the case, it must be assumed that at least the individual petitioners had and have standing. In view of the present determination it is unnecessary to reach the issue of standing with respect to petitioner association.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones and Wachtler concur in memorandum; Judges Rabin, Stevens taking no part.

Order affirmed.

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Memorandum. The order of the Appellate Division should be affirmed, without costs.

On the merits see memorandum in companion appeal decided simultaneously herewith (Walsh v. Buildimg Dept. of City of N. Y., 34 N Y 2d 954). As to the individual petitioners, the denials of standing and aggrievement set up in the affirmative defense to the petition were never resolved at Special Term either by a hearing or a finding, and the issue was never pursued further in the Appellate Division. Moreover, the briefs refer to relevant matter before Special Term, but which was not made a part of the record on appeal. In this state of the case, it must be assumed that at least the individual petitioners had and have standing. In view of the present determination it is unnecessary to reach the issue of standing with respect to petitioner association.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones and Wachtler concur in memorandum; Judges Rabin, Stevens taking no part.

Order affirmed.

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Bluebook (online)

316 N.E.2d 880, 34 N.Y.2d 956, 359 N.Y.S.2d 568, 1974 N.Y. LEXIS 1384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/association-for-better-communities-inc-v-klein-ny-1974.