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MTR OF COVENANT v. ZONING BD

111 Misc.2d 537 (1981)

In the Matter of Covenant Community Church, Inc., Petitioner, v. Town of Gates Zoning Board of Appeals, Respondent. Clement Delcorvo et al., Constituting the Buffalo-Trabold Residents Committee, Intervenors-Respondents.

Supreme Court, Monroe County.

November 19, 1981

Attorney(s) appearing for the Case

King & McDowell (Rozetta D. McDowell of counsel), for petitioner. Vincent Assini for respondent. Mayberry, Kurlander, Burgess, Licht & Lunn (Richard S. Mayberry of counsel), for intervenors-respondents.

WILMER J. PATLOW, J.

This article 78 petition was commenced by petitioner Covenant Community Church, Inc., to compel respondent Town of Gates Zoning Board of Appeals to issue a conditional use permit for the construction of a church, parochial school and day care center on petitioner's land.

Petitioner, an inner-city church with about 200 members, has purchased approximately 11.44 acres of vacant land in the suburban Town of Gates. The property...

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