MATTER OF PROP. DEVELOPER, INC. v. SWIATEK


190 A.D.2d 1078 (1993)

In the Matter of Property Developer, Inc., Respondent, v. Frank E. Swiatek et al., Constituting The Town Board of the Town of Cheektowaga, Appellants

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

February 5, 1993


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in annulling respondents' determination to deny petitioner's special use permit application and in ordering respondents to grant petitioner a permit to operate a used car sales lot and a public garage at 2009 William Street, Cheektowaga. While this proceeding was pending in Supreme Court, respondents, on January 18, 1992, enacted a new zoning ordinance...

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