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MATTER OF TERRA HOMES, INC. v. ROSE

133 A.D.2d 764 (1987)

In the Matter of Terra Homes, Inc., Respondent, v. Henry W. Rose et al., Appellants. (Proceeding No. 1.) In the Matter of Terra Homes, Inc., Respondent, v. Henry W. Rose et al., Appellants. (Proceeding No. 2.)

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

October 19, 1987

Ordered that the judgments are reversed, on the law, with costs, the determinations are confirmed and the proceedings are dismissed on the merits.

The board's determinations denying the petitioner's variance applications had a rational basis, and, thus, should not have been overturned (see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444; Matter of Cowan v Kern, 41 N.Y.2d 591...

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