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MATTER OF BOWERS v. ARON

142 A.D.2d 32 (1988)

In the Matter of John S. Bowers et al., Respondents, v. Henry Aron et al., Constituting The Board of Zoning Appeals of the Town of Ithaca, et al., Appellants

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

November 23, 1988

Attorney(s) appearing for the Case

Barney, Grossman, Roth & Dubow (Nelson E. Roth of counsel), for Henry Aron and others, appellants.

Guttman & Heller (Stephen P. Heller of counsel), for Marie L. Brown and another, appellants.

Holmberg, Galbraith, Holmberg, Orkin & Bennett (Anna K. Holmberg of counsel), for respondents.

MAHONEY, P. J., KANE, YESAWICH, JR., and MERCURE, JJ., concur.

CASEY, J.

In April 1987, respondents Marie L. Brown and Randolph F. Brown sought permission to erect an inflatable plastic greenhouse on their property in the Town of Ithaca, Tompkins County, where they operate a fruit stand. The Browns' property is located in an area zoned for residential use, but their fruit stand constitutes a legal nonconforming use. During the prior year, a fire had destroyed a barn located...

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