New York Court of Appeals

In the Matter of Retail Property Trust, Respondent v. Board of Zoning Appeals of Town of Hempstead, Appellant…

July 1, 200298 N.Y.2d 190

Summary

The New York Court of Appeals upheld the Board of Zoning Appeals' denial of Retail Property Trust's special exception, finding the decision supported by substantial evidence and not merely based on community opposition, and reversed the Appellate Division.