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MATTER OF TOWN OF JOHNSBURG v. TOWN OF JOHNSBURG ZONING BOARD OF APPEALS

299 A.D.2d 796 (2002)

751 N.Y.S.2d 85

In the Matter of TOWN OF JOHNSBURG, Appellant-Respondent, v. TOWN OF JOHNSBURG ZONING BOARD OF APPEALS, Respondent, and CRANESVILLE BLOCK COMPANY, INC., Respondent-Appellant. (Proceeding No. 1.) In the Matter of CRANESVILLE BLOCK COMPANY, INC., Respondent, v. TOWN OF JOHNSBURG, Appellant, et al., Respondent. (Proceeding No. 2.)

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

Decided November 27, 2002.

Peters, J.

These proceedings pertain to the use of a parcel of property located in the Town of Johnsburg, Warren County (hereinafter the North Creek facility), that was initially zoned for industrial use. When Torrington Industries began utilizing this property for the operation of a concrete batch plant, it sought confirmation from the Town's Zoning Enforcement Officer, Richard Armstrong, that its use was a permitted use under the local zoning ordinance. By letter...

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