MATTER OF BOGENSBERGER v. TOWN BD. OF THE TOWN OF BROOKHAVEN


197 A.D.2d 685 (1993)

602 N.Y.S.2d 901

In the Matter of Kathryn Bogensberger et al., Appellants, v. Town Board of the Town of Brookhaven et al., Respondents

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

October 25, 1993


Ordered that the judgment is affirmed, with one bill of costs.

This case involves two applications by the owner of a parcel of land to be relieved from a restrictive covenant previously imposed on the property by the Town Board of the Town of Brookhaven and for the rezoning of the property in order to build a medical building complex. The petitioners essentially contend that in issuing "negative declarations", the Town Board did not satisfy the mandate of the State...

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