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ASHMAN v. PLANNING BD. OF THE TOWN OF EAST HAMPTON

88 A.D.2d 923 (1982)

Arthur Ashman, Respondent, v. Planning Board of the Town of East Hampton, Appellant. (Proceeding No. 1.) In the Matter of Arthur Ashman, Respondent, v. Elbert T. Edwards et al., Appellants. (Proceeding No. 2.)

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

June 7, 1982

Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and the respective matters are remitted to the planning board and the zoning board of appeals for further consideration in accordance herewith.

We agree with Special Term that the beach area in question should have been part of the land measured to determine the lot area of petitioner's property (see Bloom v Town Bd. of Town of Oyster Bay, 32 N.Y.2d 930...

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