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IN THE MATTER OF SUFFOLK ASPHALT SUPPLY, INC. v. ZONING BOARD OF APPEALS OF VILLAGE OF WESTHAMPTON BEACH

59 A.D.3d 452 (2009)

873 N.Y.S.2d 138

In the Matter of SUFFOLK ASPHALT SUPPLY, INC., Appellant, v. ZONING BOARD OF APPEALS OF VILLAGE OF WESTHAMPTON BEACH, Respondent.

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

Decided February 3, 2009.

Ordered that the judgment is affirmed, with costs.

The petitioner owns real property within the Village of Westhampton Beach that has been improved with an asphalt plant since 1945. In 1985 the Board of Trustees of the Village of Westhampton Beach (hereinafter the Board of Trustees) amended the Village zoning code so that the use of the property as an asphalt plant became nonconforming. The petitioner acquired the property...

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