Quimbee logo
DMCA.com Protection Status

Matter of New York Botanical Garden v. Board of Standards and Appeals

91 N.Y.2d 413, 694 N.E.2d 424, 671 N.Y.S.2d 423 (1998)

Case BriefRelatedOptions
From our private database of 30,900+ case briefs...

Matter of New York Botanical Garden v. Board of Standards and Appeals

New York Court of Appeals

91 N.Y.2d 413, 694 N.E.2d 424, 671 N.Y.S.2d 423 (1998)

Facts

The main campus of Fordham University (Fordham) (defendant) was located in a medium-density residential zoning district. Fordham operated an on-campus, educational radio station, and in 1993, it applied to the New York City Department of Buildings (DOB) for a permit to build a new one-story radio station along with a 45-story radio tower (the broadcasting facility) on its campus. The application identified the broadcasting facility as an accessory use to the principal use of the property as an educational institution. The DOB approved Fordham’s application, but the New York Botanical Garden (the botanical garden) (plaintiff), which was adjacent to the site of the new radio station, objected and appealed to the Board of Standards and Appeals (BSA), arguing that the broadcasting facility did not qualify as a permissible accessory use of Fordham’s property. The botanical garden’s main concern was the height and power of the radio tower. Fordham responded by establishing that broadcasting facilities of a similar scale are commonplace on college campuses. The BSA, which was comprised of experts in land-use planning, affirmed the approval of Fordham’s application. The botanical garden petitioned the trial court to annul the decision of the BSA. The trial court dismissed the petition, and the botanical garden appealed to the appellate division, which unanimously affirmed the judgment of the trial court. The botanical garden appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Wesley, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership