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TOWN OF SOMERSET v. PERRY

115 A.D.2d 313 (1985)

Town of Somerset, Appellant, v. Charles Perry et al., Respondents

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

November 15, 1985

Judgment unanimously reversed, on the law, without costs, and application granted, in accordance with the following memorandum:

Respondents' conversion of their property from a bargain store to a diner constituted a change of a nonconforming use under the town's zoning ordinance for which a variance was required (Matter of Off Shore Rest. Corp. v Linden, 30 N.Y.2d 160). In granting the variance the town's requirement that...

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