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12 New York opinions name it 1 courts 1986–2026 6 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Green 2009, Inc. v. Weissgreen2 sentences2026"The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection" ( Matter of 666 OCRTT, LLC v Board of Zoning Appeals of the Town of Hempstead , 200 AD3d at 684; see Matter of Green 2009, Inc. v Weiss , 114 AD3d 788, 789 ). 2021The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection ( see Matter of Green 2009, Inc. v Weiss , 114 AD3d 788, 789 ; Matter of White Castle Sys., Inc. v Board of Zoning Appeals of Town of Hempstead , 93 AD3d 731, 732 ). | 3 | 5 |
White Castle System, Inc. v. Board of Zoning Appealsgreen2 sentences2021The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection ( see Matter of Green 2009, Inc. v Weiss , 114 AD3d 788, 789 ; Matter of White Castle Sys., Inc. v Board of Zoning Appeals of Town of Hempstead , 93 AD3d 731, 732 ). 2021The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection ( see Matter of Green 2009, Inc. v Weiss , 114 AD3d 788, 789 ; Matter of White Castle Sys., Inc. v Board of Zoning Appeals of Town of Hempstead , 93 AD3d 731, 732 ). | 2 | 5 |
Retail Property Trust v. Board of Zoning Appealsgreen2 sentences2015Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d at 196 ; Matter of Twin County Recycling Corp. v Yevoli, 90 NY2d 1000, 1002 [1997]; Matter of White Castle Sys., Inc. v Board of Zoning Appeals of Town of Hempstead, 93 AD3d 731, 732 [2012]). 2014Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 196 [2002]). | 2 | 3 |
Matter of FCFC Realty LLC v. Weissgreen2 sentences2025"The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection" ( id. ; see Matter of FCFC Realty LLC v Weiss , 192 AD3d at 686 ). 2025"The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection" ( id. ; see Matter of FCFC Realty LLC v Weiss , 192 AD3d at 686). | 2 | 2 |
MATTER OF TWIN COUNTY RECYCLING CORP. v. Yevoligreen2 sentences2015Trust v Board of Zoning Appeals of Town of Hempstead, 98 NY2d at 196 ; Matter of Twin County Recycling Corp. v Yevoli, 90 NY2d 1000, 1002 [1997]; Matter of White Castle Sys., Inc. v Board of Zoning Appeals of Town of Hempstead, 93 AD3d 731, 732 [2012]). 2012A denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection (id. at 196; see Matter of Twin County Recycling Corp. v Yevoli, 90 NY2d 1000 [1997]; Matter of Jaharr, Inc. v Ronik, 272 AD2d 546 [2000]). | 2 | 2 |
MATTER OF SASSO v. Osgoodgreen1 sentence2022The denial of a special exception permit must be rational and supported by evidence in the record ( see Matter of 666 OCRTT, LLC v Board of Zoning Appeals of the Town of Hempstead , 200 AD3d at 684; Matter of M & V 99 Franklin Realty Corp. v Weiss , 124 AD3d 783, 785 ; see also Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead , 43 NY2d 801 ; see generally Matter of Sasso v Osgood , 86 NY2d at 384 n 2). | 1 | 1 |
Tandem Holding Corp. v. Board of Zoning Appeals of Hempsteadgreen1 sentence2022The denial of a special exception permit must be rational and supported by evidence in the record ( see Matter of 666 OCRTT, LLC v Board of Zoning Appeals of the Town of Hempstead , 200 AD3d at 684; Matter of M & V 99 Franklin Realty Corp. v Weiss , 124 AD3d 783, 785 ; see also Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead , 43 NY2d 801 ; see generally Matter of Sasso v Osgood , 86 NY2d at 384 n 2). | 1 | 1 |
Matter of M&V 99 Franklin Realty Corp. v. Weissgreen2 sentences2022The denial of a special exception permit must be rational and supported by evidence in the record ( see Matter of 666 OCRTT, LLC v Board of Zoning Appeals of the Town of Hempstead , 200 AD3d at 684; Matter of M & V 99 Franklin Realty Corp. v Weiss , 124 AD3d 783, 785 ; see also Matter of Tandem Holding Corp. v Board of Zoning Appeals of Town of Hempstead , 43 NY2d 801 ; see generally Matter of Sasso v Osgood , 86 NY2d at 384 n 2). 2022"Where such supporting evidence exists, deference must be given to the discretion of the board, and a court may not substitute its own judgment for that of the board, even if such a contrary determination is itself supported by the record" ( Matter of 666 OCRTT, LLC v Board of Zoning Appeals of the Town of Hempstead , 200 AD3d at 684; see Matter of M & V 99 Franklin Realty Corp. v Weiss , 124 AD3d at 785 ; Matter of White Castle Sys., Inc. v Board of Zoning Appeals of Town of Hempstead , 93 AD3d 731, 732 ). | 1 | 1 |
RPM Motors, Inc. v. Gulottagreen1 sentence1986With regard to the alleged increased volume of traffic, the Court of Appeals has recently stated that the denial of a special exception "on the basis of traffic congestion may well be arbitrary absent evidence that the proposed special permit use would have a greater impact on traffic than would other uses unconditionally permitted” (Matter of Lee Realty Co. v Village of Spring Val., 61 NY2d 892, 894 ; accord, RPM Motors v Gulotta, 88 AD2d 658 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of Lazarus v. Board of Trustees of Inc. Vil. of Malverne
green
2 sentences2025"The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection" ( id. ; see Matter of FCFC Realty LLC v Weiss , 192 AD3d at 686 ). 2025"The denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection" ( id. ; see Matter of FCFC Realty LLC v Weiss , 192 AD3d at 686). | 1 | 2025–2025 |
In re Jermaine L. M.
neutral
1 sentence2012A denial of a special exception permit must be supported by evidence in the record and may not be based solely upon community objection (id. at 196; see Matter of Twin County Recycling Corp. v Yevoli, 90 NY2d 1000 [1997]; Matter of Jaharr, Inc. v Ronik, 272 AD2d 546 [2000]). | 1 | 2012–2012 |
Dan Gernatt Gravel Products, Inc. v. Town of Collins
green
1 sentence1986Home Constr. v Van Wagner, supra; Matter of Gernatt Gravel Prods. v Town of Collins, 105 AD2d 1057 , supra). | 1 | 1986–1986 |
Matter of Robert Lee Realty Co. v. Vill. of Spring Valley
green
1 sentence1986With regard to the alleged increased volume of traffic, the Court of Appeals has recently stated that the denial of a special exception "on the basis of traffic congestion may well be arbitrary absent evidence that the proposed special permit use would have a greater impact on traffic than would other uses unconditionally permitted” (Matter of Lee Realty Co. v Village of Spring Val., 61 NY2d 892, 894 ; accord, RPM Motors v Gulotta, 88 AD2d 658 ). | 1 | 1986–1986 |
MATTER OF PLEASANT VALLEY HOME CONSTR., LTD. v. Wagner
green
1 sentence1986Home Constr. v Van Wagner, supra; Matter of Gernatt Gravel Prods. v Town of Collins, 105 AD2d 1057 , supra). | 1 | 1986–1986 |
Lemir Realty Corp. v. Larkin
green
1 sentence1986Such a determination must have a rational basis, and the findings must be supported by substantial evidence (see, Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20 ). | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.