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MATTER OF HV DONUTS, LLC v. TOWN OF LaGRANGE ZONING BD. OF APPEALS

2016-10184. Index No. 1464/16.

169 A.D.3d 678 (2019)

93 N.Y.S.3d 412

2019 NY Slip Op 00874

In the Matter of HV Donuts, LLC, Appellant, v. Town of LaGrange Zoning Board of Appeals et al., Respondents.

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

Decided February 6, 2019.

Ordered that the judgment is affirmed, with one bill of costs.

Leemilt's Petroleum, Inc. (hereinafter LPI), owned property upon which, until June 3, 2013, its tenant operated a gasoline filling station and convenience store (hereinafter the subject property). These were nonconforming uses under the Zoning Law of the Town of LaGrange (hereinafter the Zoning Law), but, pursuant to section 240-29 (B) and (F) (4), the nonconforming uses were permitted provided they were...

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