Orchard Michael, Inc. v. Falcon
Cases that cite this one
8 later published cases cite this decision.
- Samaco East, Inc. v. Town of Clay Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 1990)
- Scarsdale Avenue Equities Associates, Ltd. v. Board of Appeals (Appellate Division of the Supreme Court of New York 1993)
- Marino v. Zoning Board of Appeals of Cheektowaga (Appellate Division of the Supreme Court of New York 1991)
- Vivest Building Corp. v. Auwarter (Appellate Division of the Supreme Court of New York 1989)
- Stengel v. Town of Woodstock Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 1989)
- McLaren v. Schick (Appellate Division of the Supreme Court of New York 1985)
- Gregory v. Town of Cambria (Appellate Division of the Supreme Court of New York 1985)
- Doniger v. Yerkes (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Petitioner owns a Tops Supermarket in Orchard Park. When the property was acquired and the supermarket constructed in 1972, the side yard setback was 75 feet. The zoning ordinance has since been amended reducing the required setback to 25 feet. Petitioner sought a variance, which would sanction an encroachment of up to 14 feet into the 25-foot setback, for the purpose of enlarging its market by about 46% of its present size so that the market could be more profitable and more competitive with larger, newer markets in the area. The evidence before the Board clearly indicates that petitioner failed to establish that the denial of the variance would result in the affliction of either significant economic hardship or practical difficulties. “Before the zoning authority is required to explain why the public health and welfare requires adherence to the zoning standard, the petitioner must first come forward with proof of significant economic injury” (Matter of Cowan v Kern, 41 NY2d 591, 596; see, Matter of National Merritt v Weist, 41 NY2d 438). Here, the only grounds shown for the application — i.e., to make the supermarket more profitable and competitive — do not sufficiently establish significant economic injury so as to sustain the granting of a variance (see, 2 Anderson, NY Zoning Law and Practice § 23.39 [3d ed 1984]; see also, Suffolk Diamond &
Case-law data current through September 30, 2026. Source: CourtListener bulk data.