MATTER OF McQUADE v. ZONING BD. OF APPEALS OF THE TOWN OF HUNTINGTON


248 A.D.2d 386 (1998)

669 N.Y.S.2d 857

In the Matter of Lawrence W. McQuade et al., Appellants, v. Zoning Board of Appeals of the Town of Huntington, Respondent

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

March 2, 1998


Ordered that the judgment is affirmed, with costs.

The petitioners purchased certain property in 1971 which was subject to zoning restrictions enacted in 1934. The petitioners applied to the Zoning Board of Appeals of the Town of Huntington for a variance to establish, inter alia, that the use of a barn located on their property was a prior nonconforming use of habitable space.

"[T]o establish a right to a nonconforming use, the person claiming the...

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