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MATTER OF VAN DERWERKER v. VILLAGE OF KINDERHOOK ZONING BOARD OF APPEALS

295 A.D.2d 676 (2002)

743 N.Y.S.2d 588

In the Matter of DIRK C. VAN DERWERKER et al., Appellants-Respondents, v. VILLAGE OF KINDERHOOK ZONING BOARD OF APPEALS, Respondent-Appellant.

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

Decided June 6, 2002.

Carpinello, J.

This proceeding arises out of an ongoing dispute over the use of a parcel of property in the Village of Kinderhook, Columbia County, owned by Kinderhook Equities, Inc. (hereinafter KEI) and leased to Certified Reports, Inc. (hereinafter CRI), which operates a commercial office building on the premises. In a prior proceeding, Supreme Court permanently enjoined the Village from interfering with CRI's use of the building's cellar as office space and this...

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