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MATTER OF DAVE VAN DENBURG, INC. v. TOWN OF BETHLEHEM BD. OF APPEALS

122 A.D.2d 471 (1986)

In the Matter of Dave Van Denburg, Inc., Appellant, v. Town of Bethlehem Board of Appeals, Respondent

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

July 24, 1986

Main, J.

David Van Denburg purchased property located at 403 Delaware Avenue in the Town of Bethlehem, Albany County, in 1970. At that time, the structure on the property contained three apartments despite the fact that a maximum of two such units was permitted under the town's zoning for that area. In 1973, Van Denburg transferred this property to his corporation, which is the petitioner in this proceeding. Since that time, petitioner has modified the...

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