(DOWNLOAD) "Carolyn H. Leibring Et Al. v. Planning Board Town Newfane" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Carolyn H. Leibring Et Al. v. Planning Board Town Newfane
- Author : Supreme Court of New York
- Release Date : January 15, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
[144 A.D.2d 903 Page 903] Judgment unanimously reversed on the law with costs, determination annulled and matter remitted to respondent Board, for
further proceedings, in accordance with the following memorandum: Petitioners commenced this CPLR article 78 proceeding to
annul the Planning Board's decision to grant a special use permit for the operation of a mobile home park on Bixler Road.
In its decision to grant the permit, the Board makes only conclusory statements which merely restate the statutory requirements.
These statements fail to provide the factual basis for the Board's decision and foreclose intelligent judicial review (2 Anderson,
New York Zoning Law and Practice §§ 24.25, 25.32 [3d ed]; Matter of Greene v Johnson, 121 A.D.2d 632, 633; Matter of Kadish
v Simpson, 55 A.D.2d 911). Therefore, the matter is remitted to respondent, which is directed to set forth the factual basis
for its decision.
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