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MATTER OF PIONEER-EVANS CO. v. GARVIN

191 A.D.2d 1026 (1993)

595 N.Y.S.2d 586

In the Matter of Pioneer-Evans Company, Respondent, v. Paul Garvin et al., Comprising The Town Board of the Town of Evans, Appellants, and Sheila J. Flaherty et al., Intervenors-Appellants. (Appeal No. 1.)

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

March 12, 1993

Judgment unanimously reversed on the law with costs and petition dismissed.

Memorandum:

In November 1991, petitioner applied to the Town Board of the Town of Evans (Board) for a special use permit for the operation of a 50-bed alcohol and chemical rehabilitation facility (facility) on property located in a largely residential area on Old Lake Shore Road in the Town. After two public hearings, the Town Planning...

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