MATTER OF SWAN v. DEPEW


167 A.D.2d 835 (1990)

In the Matter of Edwin Swan, Appellant, v. Frank Depew et al., Constituting The Town of Chautauqua Zoning Board, et al., Respondents

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

November 16, 1990


Judgment unanimously reversed on the law without costs and matter remitted to respondent Town of Chautauqua Zoning Board for further proceedings, in accordance with the following memorandum:

Petitioner acquired several lots within the Point Chautauqua subdivision in 1971. In December 1977, prior to the enactment of the town's zoning ordinance, petitioner sold lot 5.2 to himself. Petitioner's application, made in 1989, for a building permit was denied because it did...

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