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MATTER OF J.P.M. PROPS., INC. v. TOWN OF OYSTER BAY

204 A.D.2d 722 (1994)

612 N.Y.S.2d 634

In the Matter of J.P.M. Properties, Inc., et al., Appellants, v. Town of Oyster Bay et al., Respondents

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

May 31, 1994

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the determination is annulled to the extent that the matter is remitted to the Town Board of the Town of Oyster Bay for the purpose of issuing the special use permit requested by the petitioners, subject to appropriate conditions.

The petitioners operate a warehouse and related business concerned with the acquisition, stocking, and selling of soil, sand...

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