Case law

Diaz v. Hillsborough County Board of Adjustment

50 Fla. Supp. 2d 74 · Circuit Court for the Judicial Circuits of Florida · Nov 18, 1991

Gomez v City of St. … City of Treasure Island v Landt, 462 So.2d 124 (Fla. 2d DCA 1985).

Waldbaum's, Inc. v. Board of Assessors

106 Misc. 2d 556 · New York Supreme Court · Dec 11, 1980

Interstate Land Holding Co. v Purdy, 236 NY 609 ; Matter of Xerox Corp. v Ross, 71 AD2d 84, 90 , mot for lv to app den 49 NY2d 702 ; Matter of Pollak v Board of Assessors of County of Nassau, 62 AD2d 1019 , mot for lv to … In a tax certiorari proceeding, the settled law is that petitioner is limited to the relief set forth in his application to review the assessment (Matter of City of Little Falls v Board of Assessors of Town of Salisbury,

Bodanza v. Public Employment Relations Board

128 Misc. 2d 386 · New York Supreme Court · May 29, 1985

In the above-captioned article 78 proceeding, petitioner seeks a judgment annulling a determination of the Public Employment Relations Board (PERB) in case No. U-7684, dated January 2, 1985. … This court is without authority to alter a determination unless it breaches constitutional protections or is without a rational basis (Matter of West Irondequoit Teachers Assn. v Helsby, 35 NY2d 46 ).

Shepard v. Zoning Board of Appeals

113 Misc. 2d 413 · New York Supreme Court · Mar 28, 1982

In Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead ( 43 NY2d 801, 802 ) the court noted that “[standards governing issuance of special exceptions [uses] may not be so general or tautological … Standards governing issuance of special exceptions may not be so general or tautological as to allow unchecked discretion on the part of the zoning board” (Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town

Kiel v. Zoning Board of Appeals

22 Misc. 2d 586 · New York Supreme Court · Nov 25, 1959

It is true that such is the usual practice (see Matter of Diocese of Rochester v. Planning Bd. of Brighton, 1 N Y 2d 508, 519-520 and dissenting opinion, pp. 527-529); but it is not always followed. … (See Matter of Concordia Collegiate Inst. v. Miller, 301 N.

Rubin v. Community School Board 28

109 Misc. 2d 133 · New York Supreme Court · Mar 18, 1981

The courts have held that individuals who comprise a school board are “public officers” within section 2 of the Public Officers Law. (See Komyathy v Board of Educ., 75 Misc 2d 859 .) … (Matter of Vescio v City Manager of City of Yonkers, 69 Misc 2d 68 , affd 41 AD2d 833 ; Matter of Cassedy v Wilkins, 137 Misc 748 ; also see Matter of Burke v Van Buskirk, 47 AD2d 965 ; Matter of Roberts v Allen, 54 Misc

McMahon v. Oswego County Board of Elections

38 Misc. 3d 203 · New York Supreme Court · Oct 5, 2012

by the Board of Elections. … Weller v. Townsend, 102 N. Y. 430 ; Matter of MacAdams v. Cohen, 236 App. Div. 361 , affd. 260 N. Y. 559 ; Matter of Mitchell v. Boyle, 219 N. Y. 242 .)” (Id. at 188; see also Skelos v Paterson, 13 NY3d 141 [2009].)

Lopes v. Fire Board of Appeals

90 Misc. 2d 250 · New York Supreme Court · Apr 16, 1976

Corp. v Murdock, 285 NY 298 ; De Marco v Fitzgerald, 20 Misc 2d 457, affd 11 NY2d 775 ). … Owners Assn. v Board of Zoning Appeals of Town of Irondequoit, 205 Misc 1083 ).

Barn Cafe & Restaurant, Inc. v. Board of Liquor Control

63 Ohio Law. Abs. 344 · Court of Common Pleas of Ohio, Franklin County, Civil Division · May 21, 1951

This case is before the Court on Appeal from a decision of the Board of Liquor Control affirming a ruling of the Director of the Department of Liquor Control suspending appellant’s liquor permit for 25 days. … The following is the ruling of the Board of Liquor Control from which the appeal was taken: “This cause came on to be heard after due notice to Barn Cafe & Restaurant, Inc., 616 Lodge Street, Cincinnati 2, Hamilton County

Joynt v. Zoning Board of Appeals

9 Misc. 2d 762 · New York Supreme Court · Dec 12, 1957

(Matter of Taub v. Pernie, 3 N Y 2d 188.) … Albans-Springfield Corp. v. Connell, 257 N. Y. 73, 82 ; Rodgers v. Village of Tarrytown, 302 N. Y. 115, 121 ; Matter of Diocese of Rochester v. Planning Board, 1 N Y 2d 508, 520.)

Town Board v. County of Onondaga

82 Misc. 2d 163 · New York Supreme Court · Apr 29, 1975

Petitioners are members of the Town Board of the Town of Onondaga. … Co. v Wildy, 262 NY 109 .)

Young v. Board of Zoning Appeals

62 Misc. 2d 147 · New York Supreme Court · Jan 5, 1970

area standard ordinance, that standard can be justified only by a showing that the public health, safety and welfare will be served by upholding the application of the standard and denying the variance ” (Matter of Fulling v. … errs in its basic premise and that the existing cesspool could be restored in its present location (see, also, City of Madison Hgts. v.

Wheeler v. Mills

40 Barb. 644 · New York Supreme Court · Sep 14, 1863

The cases of Sharp v. Speir, ( 4 Hill, 76 ,) Sharp v. Johnson, (Id. 92,) and Whitney v. Thomas, ( 23 N. Y. … Brown, Scrugham and Lott, Justices.]

Smith v. Board of Standards & Appeals

3 Misc. 2d 245 · New York Supreme Court · Dec 7, 1955

Rockwell v. City of Syracuse, 282 N. Y. 17, 19 , supra.) … New York City Omnibus Corp. v. Miller ( 282 N.

Katz v. Public Employment Relations Board

67 Misc. 2d 308 · New York Supreme Court · Aug 3, 1971

Matter of Haynal v. Board of Regents, 61 Misc 2d 268 ; Matter of Ryan, 180 Misc. 478 , affd. 267 App. Div. 861 , mot. for lv. to app. den. 267 App. Div. 902 , app. dsmd. 292 N. Y. 715 . … (See Matter of Haynal v. Board of Regents, supra; Matter of Ryan, supra.) A tribunal such as PERB must afford substantive and procedural due process to parties affected by its determinations (Mount St. Mary’s Hosp. v.

Style Rite Homes, Inc. v. Zoning Board of Appeals

54 Misc. 2d 866 · New York Supreme Court · Aug 1, 1967

Y. 71, 76 ; Matter of Clark v. Board of Zoning Appeals of Town of Hempstead, 301 N. Y. 86; Matter of Hickox v. Griffin, 298 N. Y. 365 ; Matter of Young Women’s Hebrew Assn. v. Board of Stds. & Appeals, 266 N. Y. 270 ). … Y. 270;Prusick v. Board of Appeals, 262 Mass. 451 ). Unnecessary hardship in the legal sense means unreasonable financial loss. Here there has been none.

Aron Manor Nursing Home v. Board of Standards & Appeals

35 Misc. 2d 1044 · New York Supreme Court · Jun 29, 1962

(Matter of Milmic Realty Corp. v. Board of Stds. & Appeals, 35 Misc 2d 30, 33 .) … Board of Stds. & Appeals, 267 N. Y. 347, 351 ; Matter of Hickox v. Griffin, 274 App. Div. 792 ; Matter of Empire Distrs., supra).

Holowka v. Zoning Board of Appeals

80 Misc. 2d 738 · New York Supreme Court · Feb 10, 1975

Board of Educ., Union Free School Dist. No. 17 v. Wolf, 10 A D 2d 713; Matter of Boyd v. Welsh, 217 App. Div. 461 , affd. 244 N. Y. 512 .) … The granting of the variance, even in view of the engineering studies before the board, violates the general purpose of the ordinance and invades the province of the town board. (Van Deusen v.

Ticonderoga Farms, Inc. v. Loudoun County Board of Supervisors

72 Va. Cir. 365 · Loudoun County Circuit Court · Dec 21, 2006

Clarke v. Board of Supervisors, 1988 WL 619356 (Va. Cir. 1988). … Board of Supervisors of Fairfax County v. Board of Zoning Appeals of Fairfax County, 271 Va. 336 (2006).

Harvey Construction Co. v. Fairfax County Board of Supervisors

31 Va. Cir. 177 · Fairfax County Circuit Court · Jun 11, 1993

Fairfax argues that this court lacks jurisdiction to hear this case because Harvey has failed to allege compliance with § 15.1-554, Code of Virginia (1950), as amended, which requires a party to file a claim with the Board … As stated in Virginia Nat’l Bank v.