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IN THE MATTER OF JUDA CONSTRUCTION, LTD. v. SPENCER

21 A.D.3d 898 (2005)

800 N.Y.S.2d 741

In the Matter of JUDA CONSTRUCTION, LTD., et al., Respondents, v. JOHN SPENCER, Appellant.

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

September 6, 2005.

Ordered that the judgment is affirmed, with costs.

The petitioner's application for a special exception use permit to operate a rock crushing facility in an industrial zoning district was granted by the Zoning Board of Appeals of the City of Yonkers and approved by resolution of the City Council of the City of Yonkers (hereinafter the City Council), pursuant to Yonkers City Code § 43-73. The resolution was vetoed by...

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