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MATTER OF 54 MARION AVE., LLC v. CITY OF SARATOGA SPRINGS

528705.

175 A.D.3d 1660 (2019)

108 N.Y.S.3d 497

2019 NY Slip Op 06560

In the Matter of 54 Marion Avenue, LLC, et al., Appellants, v. City of Saratoga Springs et al., Respondents.

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

Decided September 12, 2019.

Attorney(s) appearing for the Case

Ferradino Firm, PLLC, Saratoga Springs ( Stephanie W. Ferradino of counsel), for appellants.

Vincent J. DeLeonardis , City Attorney, Saratoga Springs, for respondents.

Egan Jr., J.P., Lynch, Aarons and Rumsey, JJ., concur.

As detailed in our prior decision (162 A.D.3d 1341 [2018]), petitioner 54 Marion Avenue, LLC (hereinafter the owner) owns a vacant lot in the City of Saratoga Springs, Saratoga County. The property is in a zoning district where commercial uses are generally forbidden. Petitioner Maple Shade Corners...

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