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MATTER OF ALBERT KEMPERLE, INC. v. GUNTHER

133 A.D.2d 269 (1987)

In the Matter of Albert Kemperle, Inc., et al., Appellants, v. Robert J. Gunther et al., Respondents

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

August 31, 1987

Ordered that the judgment is affirmed, with costs.

In 1979, Albert Kemperle was the owner of a parcel of land zoned as an "R-1" residential district. He applied for, and was granted, a variance to maintain a parking lot for use only by his employees during the day. In 1984, the petitioner applied for a building permit to construct a roof over the parking area. This application was also granted and the construction commenced. On or about August 6, 1984, the permit...

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