MATTER OF WEGMANS ENTERS., INC. v. LANSING


134 A.D.2d 898 (1987)

In the Matter of Wegmans Enterprises, Inc., et al., Appellants, v. Eugene Lansing, as Chairman of The Town of DeWitt Zoning Board of Appeals, et al., Respondents

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

November 10, 1987


Judgment affirmed without costs for reasons stated at Special Term, Hayes, J.

Callahan and Balio, JJ. (dissenting).

We cannot agree with Special Term that the findings of the Zoning Board of Appeals (Board) were supported by substantial evidence and were not arbitrary and capricious or in our view, contrary to law. The record demonstrates that petitioners did meet all the conditions of the ordinance.

The ordinance requires specific Board approval for...

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