New York Court of Appeals
In the Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals of the Town of North Hempstead, Allen…
April 28, 198769 N.Y.2d 406
Summary
The New York Court of Appeals affirmed the Appellate Division in both appeals, holding that Sun‑Brite Car Wash lacked standing to challenge a zoning variance because its only objection was increased competition, and that the Allen plaintiffs, while presumptively having standing as adjoining landowners, failed to demonstrate any imminent injury from the radio tower, so their injunction claim failed.