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MTR. OF DOLOMITE PRODS. v. KIPERS

23 A.D.2d 339 (1965)

In the Matter of Dolomite Products Company, Inc., Respondent, v. Frank F. Kipers et al., Constituting The Town Board of the Town of Gates, Appellant

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

June 25, 1965.

Attorney(s) appearing for the Case

Neil F. Bubel for appellant.

Harris, Beach, Wilcox, Dale & Linowitz (Charles S. Wilcox of counsel), for respondent.

Wiedman & Wiedman for respondent.

WILLIAMS, P. J., BASTOW and GOLDMAN, JJ., concur in Per Curiam opinion; DEL VECCHIO, J., dissents and votes to modify and to affirm, as modified, in opinion.

Per Curiam.

Petitioner-respondent corporation was granted a declaration by Special Term that certain lands owned by it had acquired the status of a nonconforming use as respects rock quarrying purposes. Respondent corporation purchased the property during 1925. In these proceedings the land has been referred to as three parcels, designated A, B and C. Parcel A, which is located north of a railroad track which intersects...

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