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Condo May Not Compel ZBA to Respond to Complaint
Matter of Willows Condominium Association v. Town of Greenburgh
NYLJ 8/4/17, p. 27, col. 1
AppDiv, Second Dept.
(memorandum opinion).
In a condominium association's article 78 proceeding to compel the town and the town's building inspector to render a formal determination of allegations that a neighboring nursery was out of compliance with the town zoning code, the association appealed from Supreme Court's dismissal of the proceeding. The Appellate Division affirmed, holding that the association had not adequately alleged that the town had violated a clear legal right.
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