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MATTER OF UNITED STATES TRANSMISSION SYS., INC. v. SCHOEPFLIN

63 A.D.2d 970 (1978)

In the Matter of United States Transmission Systems, Inc., Petitioner, v. Raymond H. Schoepflin et al., Constituting The Board of Appeals of the Town of Oyster Bay, Respondents

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

June 5, 1978

Determination confirmed and proceeding dismissed on the merits, with costs.

The petitioner, the "lease optionee" of a parcel of property located in an area which is zoned for industrial use, was denied a variance which would have enabled it to construct a microwave transmission tower 280 feet high. The height restriction in the zoning ordinance is 50 feet. While the petitioner contends that it is a public utility, the only...

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