Questions of Fact Remain About Application of Special Facts Exception
Matter of Stewart Hill, LLC v. Town of New Windsor
2026 WL 681634 and 2026 WL681616
AppDiv, Second Dept.
(memorandum opinions)
Development
Questions of Fact Remain About Application of Special Facts ExceptionUse Variance Upheld Based on Adequate Dollars-and-Cents ProofQuestions of Fact About Whether Board Action Required a SupermajorityNeighbor’s Failure to Join Landowner Requires Dismissal of Article 78 ProceedingAppellate Division Improperly Substituted Its Judgment for That of The Zoning Board of Appeals
By
New York Real Estate Law Reporter Staff
Matter of Stewart Hill, LLC v. Town of New Windsor
2026 WL 681634 and 2026 WL681616
AppDiv, Second Dept.
(memorandum opinions)
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