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MATTER OF HAYS v. WALRATH

271 A.D.2d 744 (2000)

705 N.Y.S.2d 441

In the Matter of NANCY E. HAYS et al., Appellants, v. DONALD WALRATH, as Code Enforcement Officer of the Town of Caroga, et al., Respondents.

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

Decided April 6, 2000.

Spain, J.

Respondents Joseph Herms and Theresa Herms own a parcel of lakefront property on Canada Lake in the Town of Caroga, Fulton County. They twice unsuccessfully applied to the Town Zoning Board of Appeals (hereinafter the ZBA) for a variance to build a residence on the parcel. While a third variance application was pending—which was ultimately denied—the Hermses began building a two-story boathouse at the shoreline of their property without a permit...

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