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EAST HAMPTON INDOOR TENNIS CLUB, LLC v. EAST HAMPTON ZONING BD. OF APPEALS

No.: 0040919/2008, Motion No: MD:CASEDISP.

2009 NY Slip Op 32231 (U)

EAST HAMPTON INDOOR TENNIS CLUB, LLC, Petitioner, v. ZONING BOARD OF APPEALS of the TOWN OF EAST HAMPTON, THE ROSS SCHOOL and GALAPAGOS HAMPTON, INC., Respondents. For a judgment pursuant to C.P.L.R. Article 78.

Supreme Court, Suffolk County.

September 24, 2009.

Attorney(s) appearing for the Case

MACLACHLAN & EAGAN LLP, By: David T. Egan, Esq., Attys. for Petitioner, East Hampton, NY.

CAHN & CAHN, LLP, By: Daniel K. Cahn, Esq., Attys. for Respondent, Zoning Board of Appeals of the Town of East Hampton, Melville, NY.

ESSEKS, HEFTER & ANGEL, LLP, By: William W. Esseks, Esq., Attys. for Respondents, The Ross School & Galapagos Hampton, Inc., Riverhead, NY.

JOHN J.J. JONES, JR., Justice.

This petition by East Hampton Indoor Tennis Club, LLC, for a judgment pursuant to CPLR Article 78 annulling, rescinding and vacating the determination of the Zoning Board of Appeals of the Town of East Hampton issued on or about October 14, 2008 upholding the decision of the Chief Building Inspector dated March 5, 2008 that the proposed use of a certain sports complex facility by the Ross School was an "accessory use" is denied and the...

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