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MATTER OF CHRISTIAN AIRMEN, INC. v. TOWN OF NEWSTEAD ZONING BD. OF APPEALS

223 CA 13-01045

115 A.D.3d 1319 (2014)

983 N.Y.S.2d 173

2014 NY Slip Op 2171

In the Matter of CHRISTIAN AIRMEN, INC., Respondent, v. TOWN OF NEWSTEAD ZONING BOARD OF APPEALS, Appellant, et al., Respondent.

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

Decided March 28, 2014.

Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered March 25, 2013 in a proceeding pursuant to CPLR article 78. The judgment, among other things, vacated and annulled the determination of respondent Town of Newstead Zoning Board of Appeals denying a use variance to authorize the paving of an existing turf runway at the Akron Airport.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without...

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