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Matter of Kemp v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 466 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly concluded that the appellants failed to establish that the variance in question caused them an injury within the "zone of interests" protected by zoning regulations, inasmuch as the only potential injury suggested in the record is an increase in business competition (see, Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, 69 N.Y.2d 406, 414-415; Matter of Dairylea Coop. v. Walkley, 38 N.Y.2d 6, 9). Absent demonstration of some other injury, the appellants lack standing to challenge the variance, regardless of their proximity to the applicant's property (see, Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, supra, at 414). Copertino, J.P., Santucci, Altman and Krausman, JJ., concur.


Summaries of

Matter of Kemp v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 466 (N.Y. App. Div. 1995)
Case details for

Matter of Kemp v. Zoning Board of Appeals

Case Details

Full title:In the Matter of ROBERT KEMP et al., Appellants, v. ZONING BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 19, 1995

Citations

216 A.D.2d 466 (N.Y. App. Div. 1995)
628 N.Y.S.2d 187

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