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MATTER OF BUS. HEALTH, INC. v. JOHNSON

58 A.D.2d 626 (1977)

In the Matter of Business Health, Inc., Respondent, v. Harold Johnson et al., Constituting The Planning Board of the Town of Carmel, Appellants

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

June 20, 1977

Judgment affirmed, without costs or disbursements.

Petitioner-respondent is the owner of approximately 177 acres of land located in the Town of Carmel. In May, 1974 petitioner applied to the town planning board for approval of a two-lot subdivision. One lot of the subdivision was to consist of two acres out of petitioner's total parcel. The planning board refused to approve the application unless petitioner set aside approximately...

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