Burger King Corp. v. Amelkin

Appellate Division of the Supreme Court of New York

Burger King Corp. v. Amelkin

70 A.D.2d 627, 416 N.Y.S.2d 528, 1979 N.Y. App. Div. LEXIS 12061

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 21, 1979

StatusPublished

Cited by1 cases

This text of 70 A.D.2d 627 (Burger King Corp. v. Amelkin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burger King Corp. v. Amelkin, 70 A.D.2d 627, 416 N.Y.S.2d 528, 1979 N.Y. App. Div. LEXIS 12061 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington which denied the petitioner’s application for a special exception, petitioner appeals from a judgment of the Supreme Court, Suffolk County, dated April 14, 1978, which denied its petition. Judgment affirmed, with $50 costs and disbursements. Courts generally will not interfere with a board’s determination dealing with a special exception since these matters are best "resolved by the 'common-sense judgments’ of 'representative citizens doing their best to make accommodations between conflicting community pressures’ ” (Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20, 25). Damiani, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington which denied the petitioner’s application for a special exception, petitioner appeals from a judgment of the Supreme Court, Suffolk County, dated April 14, 1978, which denied its petition. Judgment affirmed, with $50 costs and disbursements. Courts generally will not interfere with a board’s determination dealing with a special exception since these matters are best "resolved by the 'common-sense judgments’ of 'representative citizens doing their best to make accommodations between conflicting community pressures’ ” (Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20, 25). Damiani, J. P., Cohalan, Margett and Martuscello, JJ., concur.

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Bluebook (online)

70 A.D.2d 627, 416 N.Y.S.2d 528, 1979 N.Y. App. Div. LEXIS 12061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burger-king-corp-v-amelkin-nyappdiv-1979.

Opinion

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