800 Northern Corp. v. Davies
Court: Appellate Division of the Supreme Court of the State of New York; November 26, 1995; New York; State Appellate Court
In a CPLR article 78 proceeding challenging the Board of Zoning and Appeals of the Town of North Hempstead's determination from November 17, 1993, which granted use and area variances to Joseph Biello and Ed DeBenedetto for a new car wash facility, the Supreme Court, Nassau County, ruled on July 7, 1994, to deny the petition and dismiss the proceeding. The judgment was affirmed, with costs awarded to the respondents. The variances were contested by two neighboring businesses and a local resident, who argued the Board's decision was arbitrary and capricious. The Supreme Court found the Board's determination was supported by substantial evidence and not arbitrary or capricious, aligning with precedents such as Matter of Fuhst v Foley and Matter of Green v Scheyer. The appellants' additional claims were also deemed without merit.