MATTER OF BARBY LAND CORP. v. ZIEGNER


65 A.D.2d 793 (1978)

In the Matter of Barby Land Corp., Respondent, v. Harold Ziegner et al., Constituting The Board of Zoning Appeals of the Town of Babylon, Appellants

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

November 20, 1978


Judgment reversed, on the law, with costs, determination confirmed and proceeding dismissed on the merits.

Petitioner, a construction corporation, originally purchased a parcel of land with a total area of 35,000 square feet and a 50-foot frontage. The parcel, part of a lagoon, was located in a residential district which required, inter alia, a 75-foot frontage. After a prior application for a variance as to the entire parcel was denied, petitioner undertook...

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