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HIGHWAY OIL CO., INC. v. ZONING BD. OF APPEALS OF THE CITY OF FULTON

55 A.D.2d 821 (1976)

Highway Oil Company, Inc., Appellant v. Zoning Board of Appeals of the City of Fulton, Respondent

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

December 17, 1976

Judgment unanimously affirmed, with costs, Simons, J. not participating.

Memorandum:

In December, 1974 petitioner Highway Oil Company executed a contract with Amoco Oil Company to purchase a parcel of land on which stood a closed gas station in the City of Fulton. The land is zoned "C-2 Central Business District". Paragraph B of section 80-11, of the Fulton Zoning Ordinance provides: "B. The following uses shall be permitted in any C-2 Central Business District...

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