Towne v. Sherk

Appellate Division of the Supreme Court of New York

Towne v. Sherk

256 A.D. 938, 9 N.Y.S.2d 931, 1939 N.Y. App. Div. LEXIS 5537

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

DecidedFebruary 17, 1939

StatusPublished

This text of 256 A.D. 938 (Towne v. Sherk) 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

Towne v. Sherk, 256 A.D. 938, 9 N.Y.S.2d 931, 1939 N.Y. App. Div. LEXIS 5537 (N.Y. Ct. App. 1939).

Pincite

Opinion

Proceeding under article 78 of the Civil Practice Act for a review of a decision by a village board of zoning appeals. Order denying petitioner’s motion to include certain matters in the return of said board and granting an intervenor’s motion to strike out certain plans from said return reversed on the law and the facts, with ten dollars costs and disbursements, and petitioner’s motion granted, without costs, to the extent of directing the inclusion in the return of the plans which were before that board, and the physical report of the premises; and if there be not one, that such a report be made, summarizing the board’s view of the premises. Intervenors’ cross-motion denied, without costs. It sufficiently appears that the plans were before the board when [939]*939it acted and that a physical report is essential to an intelligent review. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Proceeding under article 78 of the Civil Practice Act for a review of a decision by a village board of zoning appeals. Order denying petitioner’s motion to include certain matters in the return of said board and granting an intervenor’s motion to strike out certain plans from said return reversed on the law and the facts, with ten dollars costs and disbursements, and petitioner’s motion granted, without costs, to the extent of directing the inclusion in the return of the plans which were before that board, and the physical report of the premises; and if there be not one, that such a report be made, summarizing the board’s view of the premises. Intervenors’ cross-motion denied, without costs. It sufficiently appears that the plans were before the board when [939]*939it acted and that a physical report is essential to an intelligent review. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

256 A.D. 938, 9 N.Y.S.2d 931, 1939 N.Y. App. Div. LEXIS 5537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/towne-v-sherk-nyappdiv-1939.