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VILLAGE OF FAYETTEVILLE v. SHAHEEN

38 A.D.3d 1251 (2007)

834 N.Y.S.2d 893

VILLAGE OF FAYETTEVILLE, Appellant, v. MARK SHAHEEN, Respondent.

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

Decided March 16, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the application of plaintiff pursuant to Village Law § 7-714 seeking a preliminary and permanent injunction enjoining defendant from continuing to use his land in violation of plaintiff's Zoning Code. Although "[a] municipality has authority to obtain a ... preliminary injunction strictly enforcing...

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