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MATTER OF ROUTE 22 PROPERTIES v. TOWN BOARD OF TOWN OF SOUTHEAST

2 A.D.3d 449 (2003)

767 N.Y.S.2d 813

In the Matter of ROUTE 22 PROPERTIES, L.P., Respondent, v. TOWN BOARD OF THE TOWN OF SOUTHEAST et al., Appellants.

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

December 1, 2003.

Ordered that the judgment is affirmed, with costs.

The petitioner applied for, and received, a special use permit to build a car wash and oil change facility on Route 22 in the Town of Southeast, subject to certain conditions, including that the design for its outdoor sign be approved by the Town Board of the Town of Southeast. After several meetings between the petitioner and the Town Board to discuss the proposed design, the Town Board rejected the proposed design...

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