MATTER OF WALT WHITMAN GAME ROOM INC. v. ZONING BD. OF APPEALS OF THE TOWN OF HUNTINGTON


54 A.D.2d 764 (1976)

In the Matter of Walt Whitman Game Room Inc., Appellant, v. Zoning Board of Appeals of the Town of Huntington et al., Respondents

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

October 25, 1976


Judgment reversed, on the law, without costs or disbursements, and matter remanded to the zoning board of appeals for further proceedings consistent herewith.

The petitioner applied to the respondent zoning board of appeals for a special exception permit to conduct a "place of amusement (game room)". Of the seven members of the zoning board of appeals, two voted to grant the application, two voted to deny it, two members abstained and one was absent. The application...

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