MATTER OF GENESEE FARMS, INC. v. SCOPANO


77 A.D.2d 784 (1980)

In the Matter of Genesee Farms, Inc., Respondent, v. John P. Scopano, Sr., et al., Constituting The Zoning Board of Appeals of the Village of Oakfield, Appellants

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

July 10, 1980


Judgment reversed, without costs.

Memorandum:

In this CPLR article 78 proceeding respondents appeal from a judgment directing them, as the Zoning Board of Appeals of the Village of Oakfield, to grant petitioner a building permit for the construction of a self-service gasoline island to be operated on petitioner's premises in conjunction with its ongoing operation of a dairy goods store. The trial court found that the proposed use did not constitute a service...

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