TOWN OF CAROGA v. HERMS


62 A.D.3d 1121 (2009)

878 N.Y.S.2d 834

TOWN OF CAROGA, Respondent, v. JOSEPH HERMS, Appellant.

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

Decided May 14, 2009.


Spain, J.

Defendant owns a parcel of real property along the shore of Canada Lake, within the Town of Caroga, Fulton County. Plaintiff, the Town of Caroga, commenced the instant action alleging that defendant had constructed a structure on his property in violation of zoning regulations. After a three-week bench trial, Supreme Court found for plaintiff and ordered defendant to remove the structure and pay a $50,000 civil penalty. On defendant's appeal, we now affirm...

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