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MTR. OF GERLING v. BD. OF ZONING APPEALS

6 A.D.2d 247 (1958)

In the Matter of Henry B. Gerling et al., Appellants, v. Board of Zoning Appeals of the Town of Clay et al., Respondents, and John Hinerwadel, Intervenor-Respondent

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

July 10, 1958.

Attorney(s) appearing for the Case

Martin F. Kendrick for appellants.

Russel J. Egleston and George W. Cregg for respondents.

Lewis C. Ryan for intervenor-respondent.

Present — McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

WILLIAMS, J.

One Hinerwadel, the owner of a tract of land of about 32 acres in the town of Clay, had conducted a clambake picnic area for over 40 years and a clam chowder processing operation for over 5 years, on such property. In 1955, a zoning ordinance was enacted by the town, which placed this property in a "residential" zone.

The owner applied for a building permit to erect certain additions to existing...

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