Lodge Hotel, Inc. v. Town of Erwin Zoning Board of Appeals

Appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered January 24, 2007 in a proceeding pursuant to CPLR article 78. The judgment, insofar as appealed from, granted the petition in part.

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

Memorandum: Respondent appeals from a judgment that, inter alia, annulled its determination denying petitioner’s application for an area variance with respect to the zoning requirement that a building housing a tractor supply store…