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MATTER OF TAXPAYERS' ASSN. v. BD. OF APPEALS

301 N.Y. 215 (1950)

In the Matter of Taxpayers' Association of South East Oceanside, et al., Appellants, et al., Petitioners, v. Board of Zoning Appeals of the Town of Hempstead et al., Respondents, and Robert H. Telzerow, Intervener, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Julius L. Goldstein and E. John Ernst, Jr., for appellants.

George R. Brennan and Palmer D. Farrington for respondents.

Victor Levin for intervener-respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

CONWAY, J.

Intervener-respondent was granted a permanent zoning variance by the board of zoning appeals of the town of Hempstead permitting him to erect a commercial boathouse, repair shop and boat dock in an area, adjacent to Parsonage Creek, zoned as a residence "B" district. He is not the owner of the property in question but has executory contracts to purchase two plots of land conditioned upon his obtaining...

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