Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance
ssalkinMatter 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.
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An annual tradition continues as we present the responses to our Legalweek question. For 2026, it was "where are we with prompting"?
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