Franchise Realty Interstate Corp. v. Cohalan

Appellate Division of the Supreme Court of New York

Franchise Realty Interstate Corp. v. Cohalan

78 A.D.2d 552, 432 N.Y.S.2d 25, 1980 N.Y. App. Div. LEXIS 12899

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

DecidedSeptember 29, 1980

StatusPublished

Cited by2 cases

This text of 78 A.D.2d 552 (Franchise Realty Interstate Corp. v. Cohalan) 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

Franchise Realty Interstate Corp. v. Cohalan, 78 A.D.2d 552, 432 N.Y.S.2d 25, 1980 N.Y. App. Div. LEXIS 12899 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Islip denying petitioner’s application for a special permit for a fast food restaurant, the appeal is from a judgment of the Supreme Court, Suffolk County, entered May 8, 1979, which, upon granting the petition, directed the town board to issue the special permit. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding dismissed on the merits. On this record, the town board was warranted in concluding that the proposed use would aggravate the existing congestion on Sunrise Highway, which is a divided highway, and create traffic problems because of the necessity for turning movements at neighboring intersections. Accordingly, reversal is required. Hopkins, J. P., Lazer, Gibbons and Weinstein, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Islip denying petitioner’s application for a special permit for a fast food restaurant, the appeal is from a judgment of the Supreme Court, Suffolk County, entered May 8, 1979, which, upon granting the petition, directed the town board to issue the special permit. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding dismissed on the merits. On this record, the town board was warranted in concluding that the proposed use would aggravate the existing congestion on Sunrise Highway, which is a divided highway, and create traffic problems because of the necessity for turning movements at neighboring intersections. Accordingly, reversal is required. Hopkins, J. P., Lazer, Gibbons and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 552, 432 N.Y.S.2d 25, 1980 N.Y. App. Div. LEXIS 12899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franchise-realty-interstate-corp-v-cohalan-nyappdiv-1980.

Opinion

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