COLISEUM BUILDERS, INC. v. KENNEDY


120 A.D.2d 697 (1986)

Coliseum Builders, Inc., Appellant, v. Laurence S. Kennedy, Jr., et al., Respondents

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

May 27, 1986


Judgment affirmed, with costs.

After purchasing a parcel of land that had been reduced in area to 2.36 acres by a previous partial condemnation, the petitioner applied for an area variance that would permit construction of a house on the parcel. The applicable zoning ordinance prohibited residential development on lots smaller than four acres.

At the hearing before the board, the petitioner produced a contract of...

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