GILMORE v. BEYER


46 A.D.2d 208 (1974)

Joseph Gilmore, as Building and Zoning Administrator of The Town of Guilderland, Appellant, v. Ralph Beyer, Respondent

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

December 12, 1974.


Attorney(s) appearing for the Case

Frank J. Williams, Jr., for appellant.

Tate & Tate (Rex S. Ruthman of counsel), for respondent.

HERLIHY, P. J., SWEENEY, MAIN and REYNOLDS, JJ., concur.


KANE, J.

This action was instituted by plaintiff to enjoin the use of defendant's premises for the conduct of a commercial trucking business in violation of zoning restrictions and regulations. In August, 1953 defendant purchased four acres of land in the Town of Guilderland, New York, for use as a terminus for milk trucks. A suitable building was erected for office and repair facilities, while the rolling stock...

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