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MATTER OF VILL. BD. OF THE VILL. OF FAYETTEVILLE v. JARROLD

75 A.D.2d 994 (1980)

In the Matter of Village Board of the Village of Fayetteville, Appellant, v. Richard Jarrold et al., Constituting The Zoning Board of Appeals of the Village of Fayetteville, et al., Respondents

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

May 23, 1980

Judgment unanimously reversed, without costs, and petition granted.

Memorandum:

On February 13, 1979 respondent Cosser applied to the Zoning Board of Appeals of the Village of Fayetteville for a use variance to permit him to make commercial use of the parcel involved in this appeal. The parcel, fronting on Route 5 in Fayetteville, was zoned residential. Cosser proposed to operate an upholstery and furniture refinishing business on the premises and to house...

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