MATTER OF BLUE RIDGE GARDENS, INC. v. OSWALD


44 A.D.2d 567 (1974)

In the Matter of Blue Ridge Gardens, Inc., Appellant, v. Francis J. Oswald, as Building Inspector of The Town of Cortlandt, et al., Respondents

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

March 11, 1974


Permission to appeal from the order is hereby granted (CPLR 5701, subds. [b], [c]). Order modified, on the law, by (1) limiting the remission to the zoning board to the issue of petitioner's request for a 30-foot setback variance and (2) adding a decretal provision thereto (a) annulling the zoning board's determination insofar as it denied petitioner a permit to build under the R-20 standards in effect at the time of the filing of the subdivision map (containing Lot 70),...

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