Center Square Ass'n v. City of Albany Board of Zoning Appeals

19 A.D.3d 968, 798 N.Y.S.2d 756, 2005 N.Y. App. Div. LEXIS 7223
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 30, 2005
StatusPublished
Cited by13 cases

This text of 19 A.D.3d 968 (Center Square Ass'n v. City of Albany Board of Zoning Appeals) 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
Center Square Ass'n v. City of Albany Board of Zoning Appeals, 19 A.D.3d 968, 798 N.Y.S.2d 756, 2005 N.Y. App. Div. LEXIS 7223 (N.Y. Ct. App. 2005).

Opinion

Kane, J.

Appeal from a judgment of the Supreme Court [969]*969(Benza, J.), entered December 6, 2004 in Albany County, (1) which dismissed petitioners’ application, in a combined proceeding No. 1 pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent City of Albany Board of Zoning Appeals, inter alia, granting respondent McLaughlin Limited Partnership use and area variances, and (2) which dismissed petitioners’ application, in proceeding No. 2 pursuant to CPLR article 78, to review a determination of said Board granting an extension of said variances.

In December 2001, respondent McLaughlin Limited Partnership (hereinafter the partnership) purchased property at 329 State Street in the City of Albany. The property previously contained 19 apartments as a nonconforming use in a district zoned for one or two-family row houses. In mid-March 2001, Albany fire officials vacated the building and had the power disconnected. On May 30, 2001, respondent City of Albany Board of Zoning Appeals (hereinafter Board) declared the property a general nuisance and rescinded the nonconforming use status. On May 11, 2002, the partnership applied for use and area variances in order to renovate the building into 13 apartments. By decision dated January 29, 2003, following a vote on December 12, 2002, the Board granted those variances. Petitioners commenced a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment to, among other things, contest the Board’s grant of these variances. Due to this litigation,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Nemeth v. K-Tooling
2026 NY Slip Op 01254 (Appellate Division of the Supreme Court of New York, 2026)
Matter of 209 Hudson St., LLC v. City of Ithaca Bd. of Zoning Appeals
2020 NY Slip Op 2311 (Appellate Division of the Supreme Court of New York, 2020)
Chestnut Ridge Assoc., LLC v. 30 Sephar Lane, Inc.
2019 NY Slip Op 1388 (Appellate Division of the Supreme Court of New York, 2019)
Matter of 54 Marion Ave., LLC v. City of Saratoga Springs
2018 NY Slip Op 4611 (Appellate Division of the Supreme Court of New York, 2018)
Matter of Cooperstown Eagles, LLC v. Village of Cooperstown Zoning Bd. of Appeals
2018 NY Slip Op 3589 (Appellate Division of the Supreme Court of New York, 2018)
Matter of Rehabilitation Support Services, Inc. v. City of Albany Board of Zoning Appeals
140 A.D.3d 1424 (Appellate Division of the Supreme Court of New York, 2016)
Frigault v. Town of Richfield Planning Board
107 A.D.3d 1347 (Appellate Division of the Supreme Court of New York, 2013)
Jones v. Zoning Board of Appeals
90 A.D.3d 1280 (Appellate Division of the Supreme Court of New York, 2011)
Smelyansky v. Zoning Board of Appeals
83 A.D.3d 1267 (Appellate Division of the Supreme Court of New York, 2011)
O'Connell Machinery Co. v. City of Buffalo Zoning Board of Appeals
60 A.D.3d 1353 (Appellate Division of the Supreme Court of New York, 2009)
420 Tenants Corp. v. EBM Long Beach, LLC
41 A.D.3d 641 (Appellate Division of the Supreme Court of New York, 2007)
Ziemba v. City of Troy
37 A.D.3d 68 (Appellate Division of the Supreme Court of New York, 2006)
Halperin v. Board of Appeals on Zoning
24 A.D.3d 767 (Appellate Division of the Supreme Court of New York, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
19 A.D.3d 968, 798 N.Y.S.2d 756, 2005 N.Y. App. Div. LEXIS 7223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/center-square-assn-v-city-of-albany-board-of-zoning-appeals-nyappdiv-2005.