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MATTER OF PENNY ARCADE, INC. v. TOWN BD. OF THE TOWN OF OYSTER BAY

75 A.D.2d 620 (1980)

In the Matter of Penny Arcade, Inc., Respondent, v. Town Board of the Town of Oyster Bay, Appellant

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

April 21, 1980

Judgment reversed, on the law, with costs, determination denying petitioner's application reinstated and proceeding dismissed.

Although a special exception or a special use provided for in a zoning ordinance is tantamount to a legislative finding that the specified use is in harmony with the general zoning plan and will not adversely affect the neighborhood (Matter of North Shore Steak House v Board of Appeals of Inc. Vil. of Thomaston, 30...

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