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MATTER OF LAMAR CENTRAL OUTDOOR, LLC v. STATE

64 A.D.3d 944 (2009)

882 N.Y.S.2d 743

In the Matter of LAMAR CENTRAL OUTDOOR, LLC, Doing Business as LAMAR ADVERTISING, Respondent, v. STATE OF NEW YORK et al., Appellants.

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

Decided July 9, 2009.

Garry, J.

The Ninth Ward Memorial and Service League, a fraternal organization affiliated with the American Legion (hereinafter the American Legion), owns real property in the City of Albany consisting of .29 acres and located in an R2B zone, a one- and two-family medium-density residential district as defined by the Albany City Code. The property has allegedly been used for many years as an American Legion Post. Under the Code, such a use by a fraternal organization...

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