IN THE MATTER OF FNR HOME CONSTRUCTION CORP. v. DOWNS


57 A.D.3d 540 (2008)

868 N.Y.S.2d 310

In the Matter of FNR HOME CONSTRUCTION CORP., Petitioner, v. CHRISTOPHER DOWNS et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

December 2, 2008.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Since 2004 the petitioner has owned a vacant parcel of real property located in the Village of Floral Park. In 2007 the petitioner applied to the Village of Floral Park Board of Appeals (hereinafter the Board) for a parking variance in order to develop the property for retail purposes. Because the parcel is located within the Village's B2...

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