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MTR MAMMINA v. BD OF APPEALS

110 Misc.2d 534 (1981)

In the Matter of Joseph Mammina et al., Petitioners, v. Zoning Board of Appeals of the Town of Cortlandt et al., Respondents.

Supreme Court, Westchester County.

May 8, 1981

Attorney(s) appearing for the Case

Neale & Wilson (Henry J. Neale of counsel), for petitioners. Richard A. De Lorenzo, Deputy Town Attorney, for Zoning Board of Appeals of Town of Cortlandt, respondent. O'Rourke & Lo Cascio (Andrew P. O'Rourke of counsel), for Highland Broadcasting Corp., respondent.

VINCENT GURAHIAN, J.

The Zoning Board of Appeals of the Town of Cortlandt has granted a commercial radio station a public utility special use permit to erect transmitting towers in an area zoned for residential use. Petitioner, an owner of neighboring property, brings this CPLR article 78 proceeding for judgment annulling the determination of the respondent zoning board.

Respondent Highland Broadcasting Corporation (Highland), is the licensee...

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