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MATTER OF LUMBERJACK PASS AMUSEMENTS, LLC v. TOWN OF QUEENSBURY ZONING BD. OF APPEALS

522438.

145 A.D.3d 1144 (2016)

2016 NY Slip Op 08142

42 N.Y.S.3d 473

In the Matter of LUMBERJACK PASS AMUSEMENTS, LLC, Respondent, v. TOWN OF QUEENSBURY ZONING BOARD OF APPEALS et al., Appellants.

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

Decided December 1, 2016.

In 2012, respondent North High Realty Holdings, Inc. purchased real property in the Town of Queensbury, Warren County, situated within a commercial intensive zoning district that prohibits single-family residences (see Code of the Town of Queensbury § 179-3-040 [B] [3]). The property consists of a commercial building and a single...

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