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Fact Questions About Expansion of Nonconforming Use
Andes v. Zoning Board of Appeals, 2023 WL 3856230, AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging a determination that owner's marina and commercial shellfishing operation are lawful pre-existing nonconforming uses, neighbors appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division reversed and granted the petition, remitting to the Zoning Board of Appeals for a new determination.
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