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MATTER OF SBA, INC. v. SCHWARTING

299 A.D.2d 940 (2002)

750 N.Y.S.2d 416

In the Matter of SBA, INC., et al., as Successors in Interest to SYRACUSE TELEPHONE COMPANY, Doing Business as CELLULARONE, Appellants, v. BARBARA A. SCHWARTING, as Chair of Town of Elbridge Zoning Board of Appeals, et al., Respondents.

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

Decided November 15, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.

Memorandum:

Supreme Court erred in dismissing the petition and confirming the determination of the Town of Elbridge Zoning Board of Appeals (ZBA) denying petitioners' application for a use variance to construct a cellular telephone tower. As a public utility providing cellular telephone service, petitioners...

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