Tri-State Outdoor Media Group, Inc. v. Churchill

Appellate Division of the Supreme Court of New York

Tri-State Outdoor Media Group, Inc. v. Churchill

261 A.D.2d 924, 689 N.Y.S.2d 832, 1999 N.Y. App. Div. LEXIS 5004

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

DecidedMay 7, 1999

StatusPublished

This text of 261 A.D.2d 924 (Tri-State Outdoor Media Group, Inc. v. Churchill) 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

Tri-State Outdoor Media Group, Inc. v. Churchill, 261 A.D.2d 924, 689 N.Y.S.2d 832, 1999 N.Y. App. Div. LEXIS 5004 (N.Y. Ct. App. 1999).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination of the Jamestown Zoning Board of Appeals (ZBA) denying petitioner’s applications for special permits to install five billboards in the City of Jamestown. Supreme Court properly dismissed the petition. Petitioner failed to show compliance with the standards for issuance of a special permit (see, City of Jamestown Code § 300-88 [C]). Thus, the applications were properly denied (see, Matter of L & M Realty v Village of Millbrook Planning Bd., 207 AD2d 346, 347; see also, Matter of Wegmans Enters. v Lansing, 72 NY2d 1000, 1001-1002). (Appeal from Judgment of Supreme [925]*925Court, Chautauqua County, Gerace, J. — CPLR art 78.) Present — Green, J. P., Lawton, Wisner, Scudder and Callahan, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination of the Jamestown Zoning Board of Appeals (ZBA) denying petitioner’s applications for special permits to install five billboards in the City of Jamestown. Supreme Court properly dismissed the petition. Petitioner failed to show compliance with the standards for issuance of a special permit (see, City of Jamestown Code § 300-88 [C]). Thus, the applications were properly denied (see, Matter of L & M Realty v Village of Millbrook Planning Bd., 207 AD2d 346, 347; see also, Matter of Wegmans Enters. v Lansing, 72 NY2d 1000, 1001-1002). (Appeal from Judgment of Supreme [925]*925Court, Chautauqua County, Gerace, J. — CPLR art 78.) Present — Green, J. P., Lawton, Wisner, Scudder and Callahan, JJ.

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Bluebook (online)

261 A.D.2d 924, 689 N.Y.S.2d 832, 1999 N.Y. App. Div. LEXIS 5004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tri-state-outdoor-media-group-inc-v-churchill-nyappdiv-1999.

Opinion

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