DURHAM v. VILLAGE OF POTSDAM


16 A.D.3d 937 (2005)

791 N.Y.S.2d 731

TABATHA DURHAM et al., Appellants, v. VILLAGE OF POTSDAM et al., Respondents.

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

March 24, 2005.


Crew III, J.

In May 2003, Yong Sheng Jiang and Su Juan Lin (hereinafter the applicants) applied for a building permit in the Village of Potsdam, St. Lawrence County, to open a Chinese restaurant in an existing structure located in a commercial shopping plaza. The reviewing inspector granted the permit but, because the restaurant would be located in a B-1 zone, noted the need for the applicants to obtain a special use permit...

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