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MATTER OF HOME DEPOT USA, INC. v. BAUM

243 A.D.2d 476 (1997)

663 N.Y.S.2d 73

In the Matter of Home Depot USA, Inc., et al., Respondents, v. Jack Baum et al., Respondents, and Mount Pleasant Citizens for Responsible Action et al., Intervenors-Appellants

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

October 6, 1997

Ordered that the judgment is modified, on the law, by deleting the provision thereof which directed the Zoning Board of Appeals of the Town of Mount Pleasant to issue a special use permit and substituting therefor a provision remitting the matter to the Zoning Board of Appeals of the Town of Mount Pleasant for further proceedings in accordance herewith; as so modified, the judgment is affirmed, without costs or disbursements.

The petitioners sought to use certain...

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