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MATTER OF KAISER v. TOWN OF ISLIP ZONING BOARD OF APPEALS

2009-05440.

74 A.D.3d 1203 (2010)

904 N.Y.S.2d 166

In the Matter of AUGUSTA KAISER et al., Respondents, v. TOWN OF ISLIP ZONING BOARD OF APPEALS et al., Appellants.

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

Decided June 22, 2010.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

In 2000 the petitioners purchased a 10,000-square-foot parcel of real property in the community of Seaview, on Fire Island, in the Town of Islip. The Town of Islip Town Code prohibits in-ground swimming pools in the relevant zoning district (see Town...

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