MATTER OF WOITASZEK v. TOWN OF NEWSTEAD


87 A.D.2d 1000 (1982)

In the Matter of Joseph Woitaszek, Respondent, v. Town of Newstead, Appellant

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

April 12, 1982


Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

Appellant Town of Newstead had earlier granted a special use permit to the applicant County Line Stone Company for the operation of a stone quarry on certain of its lands zoned A (agricultural district), a use clearly permitted under the town zoning ordinance (§ VII, subd A, par 6) when approved by the board of appeals. The applicant subsequently acquired contiguous lands...

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