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SUFFOLK ASPHALT SUPPLY, INC. v. BOARD OF TRUSTEES OF VILLAGE OF WESTHAMPTON BEACH

59 A.D.3d 429 (2009)

872 N.Y.S.2d 516

SUFFOLK ASPHALT SUPPLY, INC., Appellant, v. BOARD OF TRUSTEES OF VILLAGE OF WESTHAMPTON BEACH et al., Respondents.

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

Decided February 3, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff owns real property within the Village of Westhampton Beach that has been improved with an asphalt plant since 1945. In 1985 the Board of Trustees of the Village of Westhampton Beach (hereinafter the Board of Trustees) amended the Village's zoning code so that the use of the property as an asphalt plant became nonconforming. The plaintiff acquired the property, including the asphalt...

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