MATTER OF ELWOOD PROPS., INC. v. BOHRER


216 A.D.2d 562 (1995)

628 N.Y.S.2d 799

In the Matter of Elwood Properties, Inc., Appellant, v. Roger H. Bohrer et al., Respondents

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

June 26, 1995


Ordered that the judgment is affirmed, with costs.

The petitioner is the contract-vendee of an approximately 12-acre unimproved parcel located in a residential zoning district of the Town of Huntington. Pursuant to the zoning ordinance, nursing homes are a permitted use in the zoning district in question, subject to compliance with certain conditions set forth therein (see, Huntington Town Code § 198-68 [A] [10]). In 1983, a prior owner of the property...

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