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VILL. OF WATERFORD v. O'BRIEN

39 A.D.2d 490 (1972)

Village of Waterford, Respondent, v. Thomas O'Brien, Appellant

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

November 1, 1972.

Attorney(s) appearing for the Case

Wertime & Robinson (Roger M. Fritts of counsel), for appellant.

John A. Murray for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and REYNOLDS, JJ., concur.

SIMONS, J.

This is an appeal from a judgment of the Supreme Court, entered in Saratoga County, which permanently enjoined defendant from conducting a U-Haul rental operation at an Atlantic Richfield service station located in the Village of Waterford.

The service station is located in an area zoned residential and continues as a nonconforming use. At the time the ordinance became effective in 1965, an...

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