# Calcagni Construction Co. v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · March 7, 1977 · 56 A.D.2d 845

URL: https://www.frixlaw.com/law-library/cases/5816889

## Case

- **Full name:** In the Matter of Calcagni Construction Co., Inc. v. Zoning Board of Appeals of the Town and Village of Harrison
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 7, 1977
- **Citations:** 56 A.D.2d 845; 392 N.Y.S.2d 86; 1977 N.Y. App. Div. LEXIS 11181
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5816889

## Opinion text

In a proceeding pursuant to CPLR article 78 to review appellant’s determination, dated February 2, 1976 and made after a hearing, which denied petitioner’s application for a zoning variance, the appeal is from a judgment of the Supreme Court, Westchester County, entered August 27, 1976, which (1) granted the application, (2) annulled the determination and (3) directed the issuance of a building permit to the petitioner. Judgment reversed, on the law, without costs or disbursements, and petition dismissed. The petitioner was using the subject premises as a station to store, repair and service its construction and earth moving equipment at the time of the enactment of a 1974 zoning ordinance which prohibited such use and rezoned the premises into a professional business (PB) zone. Petitioner may not now remodel or reface the premises for the establishment of an automobile service station, also a nonconforming use, without demonstrating unnecessary hardship (see Matter of Otto v Steinhilber, 282 NY 71, 76 ). A new nonconforming use may not be substituted for an existing nonconforming use despite its generic similarity to such existing use. Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5816889. Public record. Not legal advice.