MATTER OF BARI HOMES, INC. v. ZONING BD. OF APPEALS OF TOWN OF YORKTOWN


226 A.D.2d 368 (1996)

640 N.Y.S.2d 222

In the Matter of Bari Homes, Inc., Respondent, v. Zoning Board of Appeals of Town of Yorktown, Appellant

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

April 1, 1996


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

In 1971, the petitioner, Bari Homes, Inc., purchased an unimproved 33,985-square-foot lot in a zone where 40,000 square feet were required for construction of a single family home. At the same time, the petitioner purchased 50 acres across the road from the lot upon which it subsequently received subdivision...

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