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eBook details

• Title: Matter Lefrak Forest Hills Corp. Et Al. v. Thomas F. Galvin Et Al.
• Author : Court of Appeals of New York
• Release Date : January 03, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Jasen, J. (dissenting). I would reverse the order of the Appellate Division and reinstate the determination of the Board of Standards and Appeals. Viewing the record as a whole, I believe that the boards determination is supported by substantial evidence and is not otherwise arbitrary or capricious. Further, I do not believe that Lefraks privilege under the building permit matured into a vested right to complete construction of the projected high-rise apartment complex. Indeed, I question the applicability of the traditional vested rights doctrine to this case. Finally, assuming, as the majority at the Appellate Division seems to have done, that cases such as this may be resolved by balancing the equities (see 2 Rathkopf, Law of Zoning and Planning, ch. 57, § 12, and 1971 Cum. Supp.; Matter of Humble Oil & Refining Co. v. Worthington, 49 Misc. 2d 432; Tremarco Corp. v. Garzio, 32 N. J. 448; but see Matter of Smith v. Spiegel & Sons [Sup. Ct., Kings Co.], N. Y. L. J., Jan. 5, 1968, p. 19, col. 1, revd. 31 A.D.2d 819), I take a different view of where the equities lie.

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