MATTER OF GREENCOVE ASSOCIATES, LLC v. TOWN BOARD OF THE TOWN OF NORTH HEMPSTEAD

2010-12008.

87 A.D.3d 1066 (2011)

929 N.Y.S.2d 325

2011 NY Slip Op 6559

In the Matter of GREENCOVE ASSOCIATES, LLC, Petitioner, v. TOWN BOARD OF THE TOWN OF NORTH HEMPSTEAD et al., Respondents.

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

Decided September 20, 2011.


Adjudged that the determination is confirmed insofar as reviewed, the petition is denied, and the proceeding is dismissed on the merits, with one bill of costs to the respondents.

The petitioner is the owner of a 5.26 acre parcel of property that is improved by a commercial shopping center. In 1959, when a zoning change permitting the construction of the original shopping center was approved, a restriction was imposed requiring the maintenance of a landscaped buffer...

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