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MATTER OF CARROL'S DEV. CORP. v. GIBSON

73 A.D.2d 1050 (1980)

In the Matter of Carrol's Development Corporation, Appellant, v. Beth Gibson et al., Constituting The Zoning Board of Appeals of the Town of Penfield, Respondents

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

January 24, 1980

Judgment unanimously reversed, with costs, and petition granted in accordance with the following memorandum: Appellant, Carrol's Development Corp., the proprietor of a Burger King Restaurant located in the Town of Penfield, filed an application with the Penfield Zoning Board of Appeals seeking a special permit to erect a freestanding, double-faced, illuminated "Burger King" sign at its Penfield Road premises. It was disclosed at a hearing conducted before the board that the...

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