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MATTER OF PLANNING BD. OF THE TOWN OF NORTH ELBA v. ZONING BD. OF APPEALS OF THE TOWN OF NORTH ELBA

75 A.D.2d 686 (1980)

In the Matter of The Planning Board of the Town of North Elba et al., Respondents, v. Zoning Board of Appeals of the Town of North Elba et al., Respondents, and Wolfgang Schachenmayr, Appellant

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

April 17, 1980

The facts on which the violations were based arose out of the building of two one-family dwellings on adjoining lots by the respondent and his brother. There were objections to both constructions because of side-lot violations which the brothers attempted to resolve by deeding their respective lots to each other. The town and its planning board appealed a determination of the zoning board of appeals, contending that the zoning board of appeals did not have jurisdiction in...

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