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MATTER OF WEGMANS ENTERS., INC. v. LANSING

72 N.Y.2d 1000 (1988)

In the Matter of Wegmans Enterprises, Inc., et al., Appellants, v. Eugene Lansing, as Chairman of the Town of DeWitt Zoning Board of Appeals, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1988.

Attorney(s) appearing for the Case

David M. Garber for appellants.

Joseph W. Jerry and Bruce B. Roswig for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Zones which qualify for special exception permits represent a threshold legislative acceptance that the specified use accords with the general municipal zoning plan (Matter of Lee Realty Co. v Village of Spring Val., 61 N.Y.2d 892, 893; Matter of Pleasant Val. Home Constr. v Van Wagner

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