MATTER OF WALLO v. TOWN OF ORLEANS ZONING BD. OF APPEALS


224 A.D.2d 941 (1996)

637 N.Y.S.2d 587

In the Matter of Paul D. Wallo, Respondent-Appellant, v. Town of Orleans Zoning Board of Appeals et al., Appellants-Respondents

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

February 2, 1996


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

Memorandum:

Petitioner commenced this proceeding to annul a determination of respondent Zoning Board of Appeals (ZBA) that granted a special use permit to Richard Hutchinson for the construction of a barn for the storage of construction equipment. The ZBA determined that the proposed use was "substantially the same" as an automobile service...

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