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MATTER OF FARRELL v. JOHNSON

266 A.D.2d 873 (1999)

697 N.Y.S.2d 900

In the Matter of DANIEL J. FARRELL et al., Respondents, v. JAMES R. JOHNSON et al., Constituting the Zoning Board of Appeals of Town of Kiantone, Respondents, and SYGNET COMMUNICATIONS, INC., Intervenor-Appellant.

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

Decided November 12, 1999.

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition and annulling the determination of respondent Zoning Board of Appeals of the Town of Kiantone (ZBA), which granted intervenor's application for use and area variances to permit the construction of a cellular telephone cell site. The determination of the ZBA is entitled to great deference and must be sustained where, as here...

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