CONWAY v. KERR


51 A.D.2d 758 (1976)

William J. Conway et al., Respondents, v. Gordon L. Kerr et al., Constituting The Zoning Board of Appeals of the Town of Poughkeepsie, Respondents. Lenrich Associates, Inc., Intervenor-Appellant

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

February 17, 1976


Order reversed, on the law, with costs payable by petitioners, determination of the zoning board confirmed, and petition dismissed on the merits.

No fact questions were presented on this appeal. There was substantial evidence to support the zoning board's findings and its determination. In the ordinary case of an application for site plan approval in an area where possible future condemnation may render the plans in noncompliance with zoning requirements, it is a...

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