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IN THE MATTER OF COUNTRY SIDE SAND & GRAVEL INC. v. TOWN OF POMFRET ZONING BOARD OF APPEALS

57 A.D.3d 1501 (2008)

870 N.Y.S.2d 654

In the Matter of COUNTRY SIDE SAND & GRAVEL INC., Appellant, v. TOWN OF POMFRET ZONING BOARD OF APPEALS et al., Respondents.

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

December 31, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of respondent Town of Pomfret Zoning Board of Appeals denying its application for a special use permit to operate a sand and gravel mine on property adjacent to its existing mine. Supreme Court previously denied the petition on...

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