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MATTER OF JUNG v. PLANNING BOARD OF THE TOWN OF MIDDLETOWN

258 A.D.2d 865 (1999)

686 N.Y.S.2d 147

In the Matter of HEINRICH JUNG et al., Appellants, v. PLANNING BOARD OF THE TOWN OF MIDDLETOWN et al., Respondents.

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

Decided February 25, 1999.

Yesawich Jr., J.

Respondent Town of Middletown Planning Board (hereinafter the Planning Board) granted respondent Marion Ballard a special use permit to erect commercial storage buildings on property he owns in the Town of Middletown, Delaware County. The Town's Zoning Ordinance placed Ballard's property in an R-5 zoning district which allows for residential and limited agricultural uses; land in the R-5 district can be developed commercially upon issuance of a special...

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