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MATTER OF SADLER v. ZONING BD. OF APPEALS OF THE TOWN OF UNION VALE

240 A.D.2d 505 (1997)

658 N.Y.S.2d 127

In the Matter of William Sadler et al., Appellants, v. Zoning Board of Appeals of the Town of Union Vale, Respondent

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

June 9, 1997

Ordered that the judgment is affirmed, with costs.

The instant case involves a restaurant/bar establishment known as the Verbank Village Inn (hereinafter the Inn) which had been operating for many years as a lawful nonconforming use in a residential zone. Section 90-108 of the Code of the Town of Union Vale (hereinafter the Code) provides that "[w]henever a nonconforming use has been discontinued for a period of one (1) calendar year, such use shall not thereafter...

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