MATTER OF DAVISON v. SEGUR


24 A.D.2d 797 (1965)

In the Matter of John R. Davison et al., Respondents, v. William S. Segur et al., as Board of Appeals of Town of Bethlehem, Appellants

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

October 22, 1965


Per Curiam.

The pertinent part of said ordinance provides as follows: "Fences: Within the limits of a front [or side or rear] yard no fence or wall * * * shall be more than four feet high, unless the part above such height be no more than one-quarter solid." The petitioners constructed a six-foot solid fence around their swimming pool on their residence property in Elsmere. Admittedly said fence violates the fencing provisions of the zoning ordinance which...

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