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MATTER OF HOOKER v. TOWN BD. OF THE TOWN OF GUILDERLAND

60 A.D.2d 684 (1977)

In the Matter of John F. Hooker et al., Appellants, v. Town Board of the Town of Guilderland et al., Respondents

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

December 8, 1977

On August 9, 1974, petitioners instituted an article 78 proceeding to annul the special use permit and the building permit issued for the construction of a "Pizza Hut" on adjacent property. A special use permit had been granted by respondent zoning board on April 5, 1974 and a building permit had been issued on May 10, 1974. Special Term dismissed the article 78 proceeding, holding that insofar as it attacked the special use permit, it was time-barred because it had been...

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