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MATTER OF RETAIL PROPERTY TRUST v. BOARD OF ZONING APPEALS OF TOWN OF HEMPSTEAD

301 A.D.2d 530 (2003)

753 N.Y.S.2d 527

In the Matter of RETAIL PROPERTY TRUST, Appellant, v. BOARD OF ZONING APPEALS OF TOWN OF HEMPSTEAD, Respondent. INCORPORATED VILLAGE OF GARDEN CITY et al., Intervenors-Respondents.

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

Decided January 13, 2003.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The petitioner, Retail Property Trust (hereinafter RPT), the fee owner of the Roosevelt Field Mall (hereinafter the Mall), applied for a special permit to construct a three-story building to be utilized as a Saks Fifth Avenue Department Store in the Mall. Following a hearing, the Board of Zoning Appeals of the Town of Hempstead...

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