Topic: the inclusion of the permitted use in the ordinance is tant… · Go Syfert
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Topic #14465

3 canonical passages across 3 cases, quoted by 32 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of Thomaston.

#Case FlagCanonical passage Citers
1 North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of Thomaston Anchor
ny · 1972
green “the inclusion of the permitted use in the ordinance is tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood” 26
2 Kearney v. Kita
nyappdiv · 2009
green “determination 'should be sustained upon judicial review if it was not illegal, had a rational basis, and was not arbitrary and capricious” 3
3 Sunrise Plaza Associates, L.P. v. Town Board of the Town of Babylon
nyappdiv · 1998
green “once it is shown that the contemplated use is in conformance with the conditions imposed, the special use permit must be granted unless there are reasonable grounds for its denial, supported by substantial evidence” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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