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MATTER OF COLONIAL SAND & STONE CO., INC. v. JOHNSTON

20 N.Y.2d 964 (1967)

In the Matter of Colonial Sand & Stone Co., Inc., Appellant, v. William Johnston, Jr., et al., Constituting the Board of Appeals of the Town of Bethlehem, Respondents.

Court of Appeals of the State of New York.

Decided December 7, 1967.

Attorney(s) appearing for the Case

Arthur Karger and Edward L. Bookstein for appellant.

Karl H. Schrade for respondents.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING concur in memorandum; Judge BURKE concurs in result; Judge BREITEL dissents and votes to affirm in an opinion.

MEMORANDUM.

Although petitioner applied to the Town Board of Appeals for a special permit to erect a ready-mix concrete plant on its land in a heavy industrial zone, it did so because the town building inspector supervisor had ruled that this would be necessary. The petitioner expressly argued before the board that the proposed plant was a permitted use under the zoning ordinance in a heavy industrial zone. There is no substantial...

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