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THERIAULT v. TOWN OF FARMINGTON PLANNING BD.

199 A.D.2d 1059 (1993)

608 N.Y.S.2d 910

Scott T. Theriault, Respondent, v. Town of Farmington Planning Board et al., Appellants

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

December 29, 1993

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in vacating the Planning Board's denial of a special permit and directing the Planning Board to issue a permit to petitioner. Although a two-family dwelling was a special permitted use in an A-40 district under the zoning code of the Town of Farmington when petitioner submitted his application for a special use permit, the...

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