MATTER OF OHRENSTEIN v. ZONING BOARD OF APPEALS OF TOWN OF CANAAN


39 A.D.3d 1041 (2007)

833 N.Y.S.2d 763

In the Matter of MANFRED OHRENSTEIN et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF CANAAN et al., Respondents.

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

Decided April 19, 2007.


Mugglin, J.

Respondent Zoning Board of Appeals of the Town of Canaan (hereinafter ZBA) approved the application of respondents Nathan Hoogs and Elizabeth Hoogs for a special use permit authorizing the production of hand-blown glass as a home occupation in an accessory building to be constructed on their property. Petitioners, who own property directly opposite the Hoogses, commenced this CPLR article 78 proceeding seeking to annul the special use permit, contending...

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