MATTER OF BELLE HARBOR REALTY CORP. v. KERR


43 A.D.2d 727 (1973)

In the Matter of Belle Harbor Realty Corp., Appellant, v. Andrew P. Kerr, as Administrator of The Housing and Development Administration, et al., Respondents

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

December 24, 1973


Judgment reversed, on the law, without costs, and respondents are directed to issue the approvals and permits in question.

Respondents revoked a previously granted approval of petitioner's plans to construct a nursing home in an area zoned to permit such an enterprise, on the ground that the sewers in the area were totally inadequate. Statistics showed a consistent increase in the number of complaints about sewerbackups resulting in overflow of sewage into the streets...

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