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ZBA's Abandonment of Its Prior Determination Invalid
Matter of Upper Delaware Hospitality Corp. v. Town of Tusten Zoning Board of Appeals (ZBA), 2024 WL 117275, AppDiv, Third Dept. (Opinion by Aarons, J.)
In landowner's article 78 proceeding challenging the ZBA's abandonment of its decision to dismiss neighbors' appeal challenging the issuance of a certificate of occupancy, neighbors appealed from Supreme Court's grant of the petition and declaration that the abandonment was invalid. The Appellate Division affirmed, holding that because the abandonment was not unanimous, it was invalid under the town code.
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