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MATTER OF AHEPA 91, INC. v. TOWN OF LANCASTER

258 A.D.2d 968 (1999)

685 N.Y.S.2d 510

In the Matter of AHEPA 91, INC., Respondent, v. TOWN OF LANCASTER et al., Respondents, ZONING BOARD OF APPEALS OF TOWN OF LANCASTER, Appellant, and JOHN G. SCHERLEIN et al., Intervenors-Appellants, et al., Intervenor.

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

Decided February 10, 1999.

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Petitioner previously commenced a CPLR article 78 proceeding seeking to reinstate the zoning of a parcel of property in the Town of Lancaster (Town) to Multifamily Residential (MFR-3) zoning. When that proceeding came before our Court, we affirmed that part of the judgment annulling the Town's rescission of the rezoning and reinstating the zoning...

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