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MATTER OF AMERICAN LEGION POST #112 v. ZONING BOARD OF APPEALS OF TOWN OF MOUNT PLEASANT

11 A.D.3d 457 (2004)

783 N.Y.S.2d 606

In the Matter of AMERICAN LEGION POST #112, Respondent, v. ZONING BOARD OF APPEALS OF TOWN OF MOUNT PLEASANT, N.Y., Appellant.

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

October 4, 2004.

Ordered that the judgment is reversed insofar as appealed from, on the law, and that branch of the petition which was to direct the Zoning Board of Appeals of the Town of Mount Pleasant to issue the requested variances is denied.

It is well established that local zoning boards have broad discretion, and that "[a] determination of a zoning board should be sustained on judicial review if it has a rational basis and is supported...

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