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MATTER OF BERG v. MICHAELIS

21 A.D.2d 322 (1964)

In the Matter of Arlene Berg et al., Respondents, v. Walter G. Michaelis et al., Constituting The Board of Zoning Appeals of the Town of Hempstead, Appellants; Federated Properties, Inc., Intervenor-Appellant

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

June 8, 1964.

Attorney(s) appearing for the Case

John A. Morhous (George B. Schneider of counsel), for Board of Zoning Appeals, appellant.

Clarence W. Williamson, Jr., for Federated Properties, Inc., intervenor-appellant.

Moser, Henkin & Alper (Norman E. Henkin of counsel), for respondents.

UGHETTA, Acting P. J., KLEINFELD, HILL and RABIN, JJ., concur.

CHRIST, J.

Twice the appellant Board of Zoning Appeals of the town granted a special exception permit for the erection of a drive-in theatre on a 12-acre site in Inwood, Nassau County. Each time the Special Term reversed the board; the first time the proceeding was remitted to the board for further hearings on the issue of undue increase of vehicular traffic; the second time the order of reversal was appealed...

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