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BARCLAY TOWNHOUSE AT MERRICK II CORP. v. TOWN OF HEMPSTEAD

289 A.D.2d 351 (2001)

734 N.Y.S.2d 870

BARCLAY TOWNHOUSE AT MERRICK II CORP., Respondent, v. TOWN OF HEMPSTEAD et al., Appellants.

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

Decided December 17, 2001.

Ordered that the judgment is affirmed, with costs.

The Town of Hempstead Board of Zoning Appeals adopted a resolution in 1986 which, among other things, prohibits the plaintiff from maintaining a common refuse or dumpster area on its premises (see, Town of Hempstead Board of Zoning Appeals Resolution No. 472-1986). The resolution mandates that each unit shall have individual, in-ground refuse containers, and that refuse removal shall be conducted by a private...

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