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MATTER OF ADAMS HOLDING CORP. v. VAN ROSENDAAL

15 Misc.2d 498 (1958)

In the Matter of Adams Holding Corporation et al., Petitioners, v. John Van Rosendaal, as Commissioner of Assessments and Building Inspector of the City of Poughkeepsie, Respondent.

Supreme Court, Special Term, Dutchess County.

April 23, 1958.

Attorney(s) appearing for the Case

Edward J. Filipowicz for petitioners.

Allen J. Weisman for respondent.

JAMES W. BAILEY, J.

Petitioners make application for an order pursuant to article 78 of the Civil Practice Act directing respondent to issue a building permit for the erection of a gasoline service station.

A gasoline service station is a permitted use in a C-2 district. Respondent does not deny that petitioner has a right to use her property for a gasoline service station but contends that this application...

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