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MATTER OF WARNER v. TOWN OF KENT ZONING BOARD OF APPEALS

2014-07430, Index No. 1415/12.

144 A.D.3d 814 (2016)

2016 NY Slip Op 07332

40 N.Y.S.3d 517

In the Matter of TISHA WARNER, Respondent, v. TOWN OF KENT ZONING BOARD OF APPEALS et al., Appellants.

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

Decided November 9, 2016.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Since 2000, the petitioner, Tisha Warner, has owned a parcel of land on Lakeshore Drive East in the Town of Kent. Until February 2010, a single-family residence was located on the property. The residence was not in conformity with the Town's zoning ordinance but was protected as a preexisting "nonconforming building[ ]" under the Code of the Town...

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