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IN THE MATTER OF EMMETT, JR. v. TOWN OF EDMESTON

3 A.D.3d 816 (2004)

771 N.Y.S.2d 568

In the Matter of JOHN J. EMMETT, JR. et al., Respondents, v. TOWN OF EDMESTON, Respondent, and DARRYL BARTON et al., Appellants.

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

January 29, 2004.

Cardona, P.J.

A zoning ordinance enacted by respondent Town of Edmeston, Otsego County, prohibits the installation of mobile homes on property located in its "R-HD Residential Hamlet District." Respondents Darryl Barton and Kim Barton (hereinafter collectively referred to as respondents), owners of real property in that district, applied for a land use variance to install a mobile home. The Town's Zoning Board of Appeals (hereinafter ZBA) granted the variance. Petitioners...

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