MATTER OF SV SPACE DEVELOPMENT CORPORATION v. TOWN OF BABYLON ZONING BOARD OF APPEALS


256 A.D.2d 471 (1998)

682 N.Y.S.2d 95

In the Matter of SV SPACE DEVELOPMENT CORPORATION, Appellant, v. TOWN OF BABYLON ZONING BOARD OF APPEALS, Respondent.

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

Decided December 16, 1998.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the petition which sought to review so much of the determination as limited the term of the petitioner's special use permit to a period of two years is granted, and the two-year term limit is annulled.

The petitioner applied for, and was granted, a special use permit. However, the permit contained two conditions which were unacceptable to the petitioner. The first...

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