Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals

69 N.Y.2d 406, 508 N.E.2d 130, 515 N.Y.S.2d 418 (1987)

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Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals

New York Court of Appeals
69 N.Y.2d 406, 508 N.E.2d 130, 515 N.Y.S.2d 418 (1987)

Facts

Gulf Oil Corporation and Fenley & Nichol Company (collectively, Gulf) owned a gas station with a self-service car wash. The Board of Zoning and Appeals of North Hempstead (the board) (defendant) granted Gulf a use variance allowing Gulf to build and operate an automatic car wash on its property to replace the self-service wash. Sun-Brite Car Wash, Inc. (Sun-Brite) (plaintiff) operated a car wash across the street from Gulf’s gas station. Sun-Brite sued to annul the board’s variance decision. Sun-Brite’s sole stated interest in the variance decision was that the variance would cause Sun-Brite’s car wash to face increased competition. The trial court ruled that Sun-Brite had standing to challenge the board’s decision and found for Sun-Brite on the merits, vacating the board’s decision. The appellate division found that Sun-Brite lacked standing and dismissed the complaint. Sun-Brite appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Kaye, J.)

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