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MATTER OF YELLOW LANTERN KAMPGROUND v. TOWN OF CORTLANDVILLE

279 A.D.2d 6 (2000)

716 N.Y.S.2d 786

In the Matter of YELLOW LANTERN KAMPGROUND et al., Appellants, v. TOWN OF CORTLANDVILLE et al., Respondents.

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

November 28, 2000.

Attorney(s) appearing for the Case

J. Mark McQuerrey, Hoosick Falls, for appellants.

Folmer & Hartnett, Cortland (John B. Folmer of counsel), for Town of Cortlandville and another, respondents.

Bond, Schoeneck & King, L. L. P., Syracuse (Kevin M. Bernstein of counsel), for Suite-Kote Corporation, respondent.

PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

MERCURE, J. P.

Respondent Suit-Kote Corporation (hereinafter respondent) owns three parcels of real property in the Town of Cortlandville, Cortland County. It has operated an asphalt plant on one of the parcels since the early 1960's. An over-all revision of the Zoning Ordinance of respondent Town of Cortlandville in 1968 resulted in a rezoning of the area of the Town south of Lorings Crossing Road between the Tioughnioga River and State...

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