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FRANCHISE REALTY v. RAB

72 Misc.2d 1061 (1973)

Franchise Realty Interstate Corp., Petitioner, v. Burton Rab et al., Constituting the Zoning Board of Appeals of the Village of Port Washington North, Respondents.

Supreme Court, Special Term, Nassau County.

January 29, 1973

Attorney(s) appearing for the Case

Gordon, Kotler & Kushnick for petitioner. Schiffmacher, Rochford & Cullen for respondents.

BERTRAM HARNETT, J.

The Village Zoning Board of Appeals of Port Washington North has denied the application of the well-known McDonald's food chain corporate real estate entity, Franchise Realty Interstate Corp. (hereinafter McDonald's) for a conditional use permit. The board found that the contemplated activity at McDonald's being a drive-in and eat-out place, fell within uses prohibited by local ordinances...

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