Opinion

Hadland v. Zoning Board of Appeals

  • 94 A.D.3d 1001
  • 942 N.Y.S.2d 361
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 17, 2012
Status
Published
Cited by
3 cases
Authority
More cited than 56.8%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Southampton dated November 5, 2009, which, after a hearing, determined that it was without jurisdiction to review the petitioner’s application on the merits as he was not an aggrieved person pursuant to Town Law § 267-a (4), the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Zoning Board of Appeals of the Town of Southampton properly determined that the petitioner was not an aggrieved *1002 person pursuant to Town Law § 267-a (4) because he failed to demonstrate any legally cognizable interest aside from increased business competition (see Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town of N. Hempstead, 69 NY2d 406, 415 [1987]; Matter of Friedman v Town Clerk of Town of Hempstead, 62 AD3d 699, 700 [2009]; Matter of Tappan Cleaners v Zoning Bd. of Appeals of Vil. of Irvington, 57 AD3d 683, 684 [2008]). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding (see CPLR 7803 [3]). Mastro, A.P.J., Hall, Lott and Sgroi, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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