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POLAK v. KAVANAH

48 A.D.2d 840 (1975)

Ernest Polak et al., Appellants, v. Patrick Kavanah et al., Constituting The Town Board of the Town of Blooming Grove, et al., Respondents

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

June 2, 1975

Judgment and order reversed, without costs; plaintiffs' motion for a preliminary injunction is granted and defendants' cross motion is denied.

Ernest Polak, the individual plaintiff, is the owner of 24.5 acres of residentially-zoned land situated in the Town of Blooming Grove. Pursuant to the prior zoning ordinance (Local Laws, 1971, No. 3 of the Town of Blooming Grove), Polak was issued an excavation permit, effective May 1, 1973, which authorized the operation of...

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