Mejias v. Town of Shelter Island Zoning Board of Appeals
Cases that cite this one
13 later published cases cite this decision.
- Green 2009, Inc. v. Weiss (Appellate Division of the Supreme Court of New York 2014)
- Green 2009, Inc. v. Weiss (Appellate Division of the Supreme Court of New York 2014)
- Hejna v. Board of Appeals (Appellate Division of the Supreme Court of New York 2013)
- Hejna v. Board of Appeals (Appellate Division of the Supreme Court of New York 2013)
- S & R Development Estates, LLC v. Feiner (Appellate Division of the Supreme Court of New York 2013)
- S & R Development Estates, LLC v. Feiner (Appellate Division of the Supreme Court of New York 2013)
- Rossney v. Zoning Board of Appeals of Inc. Village of Ossining (Appellate Division of the Supreme Court of New York 2010)
- Zupa v. ZonIng Board of Appeals (Appellate Division of the Supreme Court of New York 2008)
- Brancato v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2006)
- Town Board of Vernon v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2005)
- Ferraris v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2004)
- Kam Lee v. Zoning Board of Appeals of Town of Putnam Valley (Appellate Division of the Supreme Court of New York 2003)
- Action Redi-Mix Corp. v. Cianciulli (Appellate Division of the Supreme Court of New York 2003)
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
In a proceeding pursuant to CPLR article 78 to review a determination of the appellant Town of Shelter Island Zoning Board of Appeals, dated August 23, 2000, which granted the respondent Lear-Ruig Partners, LLC, a special exception permit, the Town of Shelter Island Zoning Board of Appeals and Lear-Ruig Partners, LLC, separately appeal from (1) an order and judgment (one paper) of the Supreme Court, Suffolk County (Berler, J.), dated June 29, 2001, which granted the petition and annulled the determination, and (2) an order of the same court, dated November 7, 2001, which denied the motion of the defendant Lear-Ruig Partners, LLC, joined in by the defendant Town of Shelter Island Zoning Board of Appeals, for leave to reargue.
Ordered that the appeals from the order dated November 7, 2001, are dismissed, as no appeal lies from an order denying leave to reargue; and it is further,
Ordered that the order and judgment is reversed, on the law, the petition is denied, the proceeding is dismissed, and the determination of the Town of Shelter Island Zoning Board of Appeals granting a special exception permit is reinstated; and it is further,
Ordered that one bill of costs is awarded to the appellants.
In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to ascertaining whether the action taken is illegal, arbitrary and capricious, or an abuse of discretion (see Matter of New York Botanical Garden v Board of Stds. & Appeals of City of N.Y., 91 NY2d 413; Matter of Association of Friends of Sagaponack v Zoning Bd. of Appeals of Town of Southampton, 287 AD2d 620, 621). In addition, a zoning board’s interpretation of its zoning ordinance is entitled to great deference, and will not be overturned by a court unless unreasonable or irrational (see Matter of Sposato v Zoning Bd. of Appeals of Vil.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.