MATTER OF STERN v. KURTZ


286 A.D. 887 (1955)

In the Matter of Caroline R. Stern et al., Petitioners, v. Henry V. Kurtz et al., Constituting The Board of Appeals of the Town of Somers, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 27, 1955.


Determination confirmed, without costs.

No opinion.

Wenzel, Acting P. J., dissents and votes to annul the determination, with the following memorandum:

The zoning board of appeals was limited in its issuance of special use permits by certain established standards. It was required in its determination of such applications not to thwart the comprehensive plan "to lessen congestion in the streets" and "to secure freedom from fire, panic and...

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