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Matter of Beaudin v. Town of Alexandria

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 855 (N.Y. App. Div. 1996)

Opinion

November 8, 1996.

Judgment unanimously affirmed without costs.

Before: Present — Denman, P.J., Green, Callahan, Doerr and Boehm, JJ.


Aquamania, Inc., and Richard Merola (respondents) appeal from that part of a judgment of Supreme Court that granted the petition to annul the site plan approval obtained by respondents. "We agree that the site plan approval should have been annulled, but for a reason different from that stated by the court. The area variance allegedly obtained by respondents in 1992 for the construction of a building as a marine sales and service facility is not personal to respondents; rather, it runs with the land ( see, Matter of St. Onge v Donovan, 127 AD2d 880, 881). The variance is limited to the parcel that was the subject of the 1992 application and does not apply to adjacent properties ( see generally, 2 Anderson, New York Zoning Law Practice § 23.02 [3d ed]).

"We agree with the court that petitioner is not entitled to an injunction preventing continued violation of the conditions of the 1992 site plan approval. "[I]n order to maintain a private action to enjoin a zoning violation, [petitioner] must establish that [he has] the standing to do so by demonstrating that [he has] sustained special damages by virtue of [respondents'] activities" ( Guzzardi v Perry's Boats, 92 AD2d 250, 253; see, Little Joseph Realty v Town of Babylon, 41 NY2d 738, 741-742). Petitioner has not demonstrated any diminution of the value of his property as a result of the alleged violation and therefore is not entitled to injunctive relief ( see, Cord Meyer Dev. Co. v Bell Bay Drugs, 20 NY2d 211, 218, rearg denied 20 NY2d 970). Nor did petitioner comply with Town Law § 268 (2). (Appeals from Judgment of Supreme Court, Jefferson County, Gilbert, J. — CPLR art 78.)


Summaries of

Matter of Beaudin v. Town of Alexandria

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 855 (N.Y. App. Div. 1996)
Case details for

Matter of Beaudin v. Town of Alexandria

Case Details

Full title:In the Matter of ALCID BEAUDIN, JR., Respondent-Appellant, v. TOWN OF…

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

Date published: Nov 8, 1996

Citations

233 A.D.2d 855 (N.Y. App. Div. 1996)
649 N.Y.S.2d 278

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