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IN THE MATTER OF BENEKE v. TOWN OF SANTA CLARA

9 A.D.3d 820 (2004)

780 N.Y.S.2d 827

In the Matter of DAVID BENEKE, Individually and as Trustee of the J. DAVID BENEKE TRUST, Appellant, v. TOWN OF SANTA CLARA, Respondent.

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

July 29, 2004.

PETERS, J.

After petitioner tried unsuccessfully to obtain both a permit and variance to build a boathouse on his property, he built a "floating boathouse" off the shore of his property on Upper Saranac Lake, in the Town of Santa Clara, Franklin County. As a result, petitioner received an "order to remedy violation" from respondent's Code Enforcement Officer which directed him to remove the noncomplying boathouse within 30 days. When petitioner failed to comply, he...

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