MATTER OF STOPPELMAN v. PLANNING BD. OF VILL. OF SCARSDALE


232 A.D.2d 571 (1996)

648 N.Y.S.2d 948

In the Matter of Edward Stoppelman et al., Respondents, v. Planning Board of Village of Scarsdale, Appellant, and Allen Bachrach, Intervenor-Appellant

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

October 21, 1996


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

The findings of the Planning Board of the Village of Scarsdale that construction of the fence "could negatively impact on the drainage to the natural wetlands in the area" and "could create an obstruction to the surface flow of storm water" were supported by substantial evidence...

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