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MATTER OF MAYTUM v. NELSON

53 A.D.2d 221 (1976)

In the Matter of Roxanna Maytum, Appellant, v. Paul D. Nelson et al., Constituting The Town Board of the Town of Chautauqua, et al., Respondents; Paul Stage et al., Intervenors-Respondents

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

July 12, 1976

Attorney(s) appearing for the Case

Walter M. Donovan for appellant.

Seymour Rollman for respondents.

DeNambro, Donovan & Laurita (Alan Laurita of counsel), for intervenors.

CARDAMONE, SIMONS, MAHONEY and DILLON, JJ., concur.

MOULE, J. P.

The question presented by this appeal is whether the Town Board of the Town of Chautauqua properly denied petitioner's application for a license to operate a junkyard on unzoned property within the town.

Petitioner and her husband are the owners of four adjoining parcels of land at the junction of Route 17 and County Road 314 in the hamlet of Dewittville, a primarily residential settlement...

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