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BYRNE FAMILY MGMT., INC. v. VILL. OF PHOENIX

190 A.D.2d 1032 (1993)

Byrne Family Management, Inc., Appellant, v. Village of Phoenix et al., Respondents. (Appeal No. 2.)

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

February 5, 1993

Judgment unanimously affirmed without costs.

Memorandum:

On appeal, plaintiff has abandoned the arguments it made before Supreme Court. It now raises the issue whether special facts require that the court decline to apply the zoning amendment to preclude the granting of the zoning permit requested by plaintiff before the adoption of the amendment (see, Matter of Gardiner v Lo Grande, 83 A.D.2d 614). That issue...

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