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Nonconforming Use Not Discontinued
Matter of HV Donuts, LLC v. Town of Lagrange Zoning Board NYLJ 2/8/19, p. 25, col. 2 AppDiv, Second Dept. (memorandum opinion)
In neighbor's article 78 proceeding challenging the ZBA's determination that landowner was entitled to re-establish a nonconforming use, neighbor appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the ZBA's conclusion that landowner had not discontinued the nonconforming use was entitled to deference.
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