Yacht Club Condominium v. Board of Appeals
This text of 32 A.D.3d 964 (Yacht Club Condominium v. Board of 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.
Opinion
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead dated June 2, 2004, which, after a hearing, granted the petitioner’s application for a special exception permit and area variances, the appeal is from a judgment of the Supreme Court, Nassau County (Bucaria, J.), dated April 4, 2005, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The determination of the Board of Appeals of the Town of Hempstead to grant the petitioner’s application for a special use permit to construct and operate a “family entertainment center” or amusement park was not illegal, arbitrary and capricious, or an abuse of discretion (see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 771 [2005], appeal dismissed 6 NY3d 890 [2006]). The petitioner satisfied the criteria set forth in the applicable zoning law (see Matter of Juda Constr., Ltd. v Spencer, 21 AD3d 898 [2005]).
The appellant’s remaining contentions are without merit. Schmidt, J.P., Santucci, Skelos and Covello, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
32 A.D.3d 964, 820 N.Y.S.2d 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yacht-club-condominium-v-board-of-appeals-nyappdiv-2006.