MATTER OF ASSOCIATION OF ZONE A & B HOMEOWNERS SUBSIDIARY, INC. v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH


298 A.D.2d 583 (2002)

749 N.Y.S.2d 68

In the Matter of ASSOCIATION OF ZONE A & B HOMEOWNERS SUBSIDIARY, INC., et al., Appellants, v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH et al., Respondents.

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

Decided October 28, 2002.


Ordered that the judgment is modified, on the law, by adding a provision thereto declaring that a use variance is not required; as so modified, the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The petitioners contend that the Zoning Board of Appeals of the City of Long Beach improperly granted area variances for a proposed use which was not permitted under the Long Beach Code and required...

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