MATTER OF FOX RIDGE MOTOR INN, INC. v. TOWN OF SOUTHEAST

2010-03747.

85 A.D.3d 785 (2011)

925 N.Y.S.2d 120

2011 NY Slip Op 5062

In the Matter of FOX RIDGE MOTOR INN, INC., et al., Respondents, v. TOWN OF SOUTHEAST, NEW YORK, et al., Appellants.

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

Decided June 7, 2011.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

In July 1997, a hotel owned and operated by the petitioner/plaintiff Fox Ridge Motor Inn, Inc. (hereinafter Fox Ridge), in Brewster, in the Town of Southeast, was destroyed by an explosion, and the building was later torn down. In 2001, Fox Ridge's application for a building permit to reconstruct the hotel was denied by the Town Building Department...

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