MATTER OF MKT. SQUARE PROPS., LTD. v. Town of Guilderland Zoning Bd. of Appeals
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- Michelson v. Warshavsky (Appellate Division of the Supreme Court of New York 1997)
- Wal-Mart Stores, Inc. v. Planning Board (Appellate Division of the Supreme Court of New York 1998)
- Samek v. Zoning Board of Appeals of Ballston (Appellate Division of the Supreme Court of New York 1990)
- Veysey v. Zoning Board of Appeals of the City of Glens Falls (Appellate Division of the Supreme Court of New York 1989)
- Matter of Southern Realty & Dev., LLC v. Town of Hurley (Appellate Division of the Supreme Court of New York 2023)
- Valentine v. McLaughlin (Appellate Division of the Supreme Court of New York 2011)
- Steenrod v. City of Oneonta (Appellate Division of the Supreme Court of New York 2010)
- Caspian Realty, Inc. v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2009)
- MLB, LLC v. Schmidt (Appellate Division of the Supreme Court of New York 2008)
- Metro v. CROTON-ON-HUDSON (N.Y. 2005)
- Metro Enviro Transfer, LLC v. Village of Croton-on-Hudson (N.Y. 2005)
- North Shore F.C.P., Inc. v. Mammina (Appellate Division of the Supreme Court of New York 2005)
- MacGregor v. Derevlany (Appellate Division of the Supreme Court of New York 2004)
- Dries v. Town Board of Riverhead (Appellate Division of the Supreme Court of New York 2003)
- Feinberg v. Board of Appeals of Sanford (Appellate Division of the Supreme Court of New York 2003)
- Retail Property Trust v. Board of Zoning Appeals (N.Y. 2002)
- Terra Homes, Inc. v. Smallwood (Appellate Division of the Supreme Court of New York 1998)
- Beck v. Gravelding (Appellate Division of the Supreme Court of New York 1998)
- R.J. Valente Gravel, Inc. v. Town of Kinderhook (Appellate Division of the Supreme Court of New York 1998)
- MATTER OF TWIN COUNTY RECYCLING CORP. v. Yevoli (N.Y. 1997)
- Twin County Recycling Corp. v. Yevoli (N.Y. 1997)
- Orange & Rockland Utilities, Inc. v. Town Board (Appellate Division of the Supreme Court of New York 1995)
- Cooper v. Village of Cooperstown (Appellate Division of the Supreme Court of New York 1995)
- Burke v. Denison (Appellate Division of the Supreme Court of New York 1994)
- Schadow v. Wilson (Appellate Division of the Supreme Court of New York 1993)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Respondent’s determination that appellant’s application for a special use permit did not meet town zoning ordinance standards, in that the proposed shopping center would create undue traffic congestion and hazard to the nearby school, is sufficiently supported by the record (see, Matter of Tandem Holding Corp. v Board of Zoning Appeals, 43 NY2d 801, 802). While expert opinion regarding traffic patterns may not be disregarded in favor of generalized community objections (see, Green v Lo Grande, 96 AD2d 524, appeal dismissed 61 NY2d 758), here there was other basis in the record for respondent’s determination, including evidence from the expert that the shopping center would generate significant increased traffic, to which evidence respondent’s discretion and commonsense judgments might be applied in accordance with the town ordinance (see, Cummings v Town Bd., 62 NY2d 833, 835; 2 Anderson, New York Zoning Law and Practice § 24.15, at 294 [3d ed]).
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.