MATTER OF LODGE HOTEL, INC. v. TOWN OF ERWIN ZONING BOARD OF APPEALS


43 A.D.3d 1447 (2007)

843 N.Y.S.2d 744

In the Matter of LODGE HOTEL, INC., Respondent, v. TOWN OF ERWIN ZONING BOARD OF APPEALS, Appellant.

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

Decided September 28, 2007.


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

Memorandum:

Respondent appeals from a judgment that, inter alia, annulled its determination denying petitioner's application for an area variance with respect to the zoning requirement that a building housing a tractor supply store must have two functional floors. Supreme Court previously annulled respondent's determination denying petitioner...

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