MATTER OF TRI STATE OUTDOOR MEDIA GROUP INC v. CHURCHILL (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

MATTER OF TRI-STATE OUTDOOR MEDIA GROUP, INC., Petitioner-Appellant, v. John R. CHURCHILL, Chairman, Jack R. Engdahl, Suzanne B. Howig, Richard A. Hanson, Timothy Thomas, Anthony J. Dolce and Tammie L. Donato, Constituting Jamestown Zoning Board of Appeals, and City of Jamestown, Respondents-Respondents.

Decided: May 07, 1999

PRESENT: GREEN, J.P., LAWTON, WISNER, SCUDDER and CALLAHAN, JJ.

Grace Hanlon, Jamestown, for petitioner-appellant. Richard Sotir, Jr., Jamestown, for respondents-respondents.

Petitioner commenced this CPLR article 78 proceeding to challenge the determination of the Jamestown Zoning Board of Appeals (ZBA) denying petitioner's applications for special permits to install five billboards in the City of Jamestown. Supreme Court properly dismissed the petition. Petitioner failed to show compliance with the standards for issuance of a special permit (see, City of Jamestown Code § 300-88[C] ). Thus, the applications were properly denied (see, Matter of L & M Realty v. Village of Millbrook Planning Bd., 207 A.D.2d 346, 347, 615 N.Y.S.2d 434; see also, Matter of Wegmans Enters. v. Lansing, 72 N.Y.2d 1000, 1001-1002, 534 N.Y.S.2d 372, 530 N.E.2d 1292).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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