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BLF ASSOC., LLC v. HEMPSTEAD

59 A.D.3d 51 (2008)

870 N.Y.S.2d 422

BLF ASSOCIATES, LLC, Respondent, v. TOWN OF HEMPSTEAD et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

December 23, 2008.

Attorney(s) appearing for the Case

Jaspan Schlesinger Hoffman, LLP, Garden City (Laurel R. Kretzing, Lisa A. Cairo and Seth A. Presser of counsel), for appellants.

Rosenberg Calica & Birney LLP, Garden City (Ronald J. Rosenberg and Lesley A. Reardon of counsel), for respondent.

Concur: MASTRO, J.P., SKELOS and LEVENTHAL, JJ.

OPINION OF THE COURT

LIFSON, J.

This appeal involves the zoning of a 17-acre parcel of property (hereinafter the property) located in North Bellmore, in the Town of Hempstead. The property was previously owned by the United States of America and used as an Army Reserve facility by the Department of Defense. The property and the surrounding area was zoned as a "B Residence" district, which permits single-family detached housing or senior residences on 6,000...

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