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LAKESHORE ASSEMBLY OF GOD CHURCH v. VILL. BD. OF THE VILL. OF WESTFIELD

124 A.D.2d 972 (1986)

Lakeshore Assembly of God Church, Respondent, v. Village Board of the Village of Westfield et al., Appellants

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

November 10, 1986

Judgment unanimously reversed on the law, without costs, and petition dismissed.

Memorandum:

Special Term erred in annulling the determination of the Zoning Board of Appeals and substituting its discretion for that of the Board. Courts should not disturb the determination of zoning authorities unless they are illegal, arbitrary and capricious, or an abuse of discretion (see, Matter of Fuhst v Foley, 45 N.Y.2d 441<...

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