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Real Estate & Property Law

: Law of the Land

Appeals Court Overturns Denial of Site Plan for Tractor Supply Store as Board?s Decision was Arbitrary, Capricious and Irrational Based on the Record

By Patty Salkin

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The planning board denied petitioner’s application for a site plan approval on the grounds that the proposal includes impermissible sidewalk retail pursuant to the town’s zoning law. However, the Court found that the term “sidewalk retail” was not defined in the zoning law and concluded that its meaning is ambiguous. The Court noted that while [...]

Full post as published by Law of the Land on May 17, 2009 (boomark / email).

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