# Kemp v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · June 19, 1995 · 216 A.D.2d 466

URL: https://www.frixlaw.com/law-library/cases/5991151

## Case

- **Full name:** In the Matter of Robert Kemp v. Zoning Board of Appeals of the Village of Wappingers Falls, and Tony Rabadi
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 19, 1995
- **Citations:** 216 A.D.2d 466; 628 N.Y.S.2d 187; 1995 N.Y. App. Div. LEXIS 6398
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5991151

## Opinion text

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Wappingers Falls dated August 10, 1993, which, after a *467 hearing, granted the respondent Tony Rabadi a use variance, the petitioners appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated February 18, 1994, which dismissed the petition on the ground that the petitioners lacked standing.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly concluded that the appellants failed to establish that the variance in question caused them an injury within the "zone of interests” protected by zoning regulations, inasmuch as the only potential injury suggested in the record is an increase in business competition (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, 69 NY2d 406, 414-415 ; Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 9 ). Absent demonstration of some other injury, the appellants lack standing to challenge the variance, regardless of their proximity to the applicant’s property (see, Matter of Sun-Brite Car Wash v Board of Zoning & Appeals, supra, at 414). Copertino, J. P., Santucci, Altman and Krausman, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5991151. Public record. Not legal advice.