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ZBA Did Not Have to Act Unanimously
Carl Myers Enterprises, Inc. v. Town of Conesus Zoning Board of Appeals (ZBA) 2921 WL 1826920 AppDiv, Fourth Dept. (memorandum opinion)
In landowner's article 78 proceeding to annul the ZBA's denial of a conditional use permit, neighbors and the ZBA appealed from Supreme Court's grant of the petition. The Appellate Division modified, overturning Supreme Court's conclusion that the ZBA had to act unanimously, but remanded to the ZBA to consider landowner's other grounds for overturning the denial.
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