IN THE MATTER OF JORDAN v. PLANNING BOARD OF TOWN OF SALINA


16 A.D.3d 1140 (2005)

790 N.Y.S.2d 895

In the Matter of ALLIE JORDAN, LLC, Respondent, v. PLANNING BOARD OF TOWN OF SALINA, Appellant.

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

March 18, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by providing that the special use permit is subject only to such appropriate conditions as respondent may find necessary and as modified the judgment is affirmed without costs.

Memorandum:

Supreme Court properly annulled respondent's determination denying petitioner's application for a special use permit and directed that the permit be granted...

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