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BENEKE v. TOWN OF SANTA CLARA

28 A.D.3d 998 (2006)

814 N.Y.S.2d 315

J. DAVID BENEKE, Individually and as Trustee of the J. David Beneke Trust, Appellant, v. TOWN OF SANTA CLARA et al., Respondents.

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

April 20, 2006.

Peters, J.

During the fall of 2001, plaintiff, as the trustee of the J. David Beneke Trust, began constructing a "floating boathouse" off the shore of his property on Upper Saranac Lake. His failure to apply for a building permit or variance from defendant Town of Santa Clara was the subject of a prior proceeding before this Court (Matter of Beneke v. Town of Santa Clara, 9 A.D.3d 820 [2004]). There, plaintiff unsuccessfully...

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