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Burger King Corp. v. Stanley Amelkin

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1979
70 A.D.2d 627 (N.Y. App. Div. 1979)

Opinion

May 21, 1979


In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington which denied the petitioner's application for a special exception, petitioner appeals from a judgment of the Supreme Court, Suffolk County, dated April 14, 1978, which denied its petition. Judgment affirmed, with $50 costs and disbursements. Courts generally will not interfere with a board's determination dealing with a special exception since these matters are best "resolved by the `common-sense judgments' of `representative citizens doing their best to make accommodations between conflicting community pressures'" (Matter of Lemir Realty Corp. v. Larkin, 11 N.Y.2d 20, 25). Damiani, J.P., Cohalan, Margett and Martuscello, JJ., concur.


Summaries of

Burger King Corp. v. Stanley Amelkin

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1979
70 A.D.2d 627 (N.Y. App. Div. 1979)
Case details for

Burger King Corp. v. Stanley Amelkin

Case Details

Full title:BURGER KING CORP., Appellant, v. STANLEY AMELKIN et al., Constituting the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 21, 1979

Citations

70 A.D.2d 627 (N.Y. App. Div. 1979)

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