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MATTER OF BOYER v. DAVENPORT

304 A.D.2d 1028 (2003)

757 N.Y.S.2d 389

In the Matter of MICHAEL BOYER et al., Appellants, v. PHIL DAVENPORT et al., Comprising the Planning Board of the Town of Shandaken, et al., Respondents.

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

Decided April 17, 2003.

Lahtinen, J.

Respondent Richard Stokes, Jr. applied to the Planning Board of the Town of Shandaken (hereinafter Board) for a special use permit to reopen a hotel (including a restaurant and bar therein) that had begun business in the nineteenth century, but had been closed for a considerable period of time prior to the application. The property is located in an area of the Town of Shandaken, Ulster County, that is zoned...

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