Southern Dutchess Country Club v. Town Bd. of Town of Fishkill
| Decision Date | 22 November 1966 |
| Citation | 18 N.Y.2d 870,276 N.Y.S.2d 121,222 N.E.2d 739 |
| Parties | , 222 N.E.2d 739 Application of SOUTHERN DUTCHESS COUNTRY CLUB, Appellant, v. The TOWN BOARD OF the TOWN OF FISHKILL, New York, Composed of Herbert Muller, et al., Respondents, for an order, etc. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 25 A.D.2d 866, 270 N.Y.S.2d 165.
Milton L. Epstein, Beacon, for petitioner-appellant.
Sandro Mayer, Fishkill, for respondents.
Petitioner brought a proceeding under CPLR Article 78 to annul a determination of town board which denied, without a public hearing, an application by petitioner for a change of zoning with respect to an acre of its realty in the town and to direct the town board to hold a public hearing on the application.
The Supreme Court, Dutchess County, Clare J. Hoyt, J., 47 Misc.2d 820, 263 N.Y.S.2d 285, entered a judgment granting the petition, and the town board and others appealed.
The Appellate Division, 25 A.D.2d 866, 270 N.Y.S.2d 165, entered an order which reversed, on the law, the judgment of the Supreme Court, affirmed the determination of the town board, and held that provisions of Sections 264 and 265 of the Town Law, Consol.Laws, c. 62, relating to zoning and planning, and zoning ordinance of town providing that every proposed amendment or change of ordinance shall be referred to planning board for report thereon before public hearing provided by Town Law did not impose a mandatory duty on town board to call a public hearing whenever a petition for zoning change was presented to it.
The petitioner appealed to the Court of Appeals, contending that due process of law and provisions of the Town Law and zoning ordinance required town board to hold a hearing before it either granted or denied an application for zoning reclassification.
Order affirmed, with costs.
All concur.
To continue reading
Request your trial
-
Lakeland Water Dist. v. Onondaga County Water Authority
... ... 25 A.D.2d 542, 267 N.Y.S.2d 584; see, also, Town of Amherst v. Niagara Frontier Port Auth., 19 ... review legislative action (see Matter of Southern Dutchess Country Club v. Town Bd. of Town of ... ...
-
Town of Lima v. Harper
... ... not subject to review in the courts (see Matter of Southern Dutchess Country Club v. Town Board of Town of Fishkill, 25 ... ...
-
Free Synagogue of Flushing v. Board of Estimate of City of New York
... ... Inc. v. Town of Hempstead, 8 A.D.2d 824, 190 N.Y.S.2d 209.) ... 524, 80 N.E.2d 664).' (Matter of Southern Dutchess Country Club v. Town Board of the Town f Fishkill, 25 A.D.2d 866, 270 N.Y.S.2d 165, affd. 18 N.Y.2d ... ...
-
Society of New York Hosp. v. Del Vecchio
... ... note, the corresponding provisions of the Town and the Village Laws concerning the power to make ... the courts of this State (see, Matter of Southern Dutchess Country Club v. Town Bd. of Town of ... ...