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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Development

By ssalkin
April 01, 2019

Cemetery Entitled to Use Variance

Matter of White Plains Rural Cemetery Association v. City of White Plains NYLJ2/1/19, p. 28, col. 5 AppDiv, Second Dept. (memorandum opinion)

In a hybrid declaratory judgment action/article 78 proceeding, both the city and landowner appealed from Supreme Court's judgment declaring that landowner needed a use variance, but granting so much of the petition as challenged the denial of the use variance. The Appellate Division affirmed, holding that landowner had established the factors necessary to qualify for a use variance.

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