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MATTER OF STEIERT ENTERPRISES, INC. v. CITY OF GLEN COVE

2010-10966.

90 A.D.3d 764 (2011)

934 N.Y.S.2d 475

2011 NY Slip Op 9134

In the Matter of STEIERT ENTERPRISES, INC., Appellant, v. CITY OF GLEN COVE, et al., Respondents.

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

Decided December 13, 2011.

Ordered that the judgment is affirmed, with costs.

The petitioner owns an approximately 1.2-acre parcel of real property in the City of Glen Cove, situated in an R-3A residential zoning district. For more than 60 years, a licensed and registered business, formerly known as Buchtenkirch's, operated a nonconforming nursery on the property, although a certificate of occupancy had never been issued for that use. The property was improved by several buildings, including...

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