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WAHL v. ZONING BD. OF APPEALS OF THE VILL. OF CLAYTON

115 A.D.2d 956 (1985)

Wilburt C. Wahl, Jr., Respondent, v. Zoning Board of Appeals of the Village of Clayton et al., Appellants

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

December 20, 1985

Judgment unanimously affirmed, with costs.

Memorandum:

Special Term's judgment annulling the Zoning Board's determination denying petitioner's application for a special exception permit and directing the Board to issue the permit should be affirmed (see, Green v Lo Grande, 96 A.D.2d 524). Petitioner's business is a permitted special use contemplated under the village ordinance. As such, it is tantamount to...

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