ROCHESTER – The construction of a new Dollar General store near Kennedy has been blocked by a court ruling.
The New York State Fourth Appellate Division ruled unanimously last month denying a zoning variance for construction of a new Dollar General on Route 62 in the Town of Poland just east of Kennedy.
The court revisited a previous decision by the State Supreme Court in Chautauqua County allowing for construction of the project.
A group of residents previously challenged the Town of Poland Zoning Board’s decision to grant the zoning variance in State Supreme Court.
In the Appellate decision, the justices wrote that the property owners failed to prove a claim of “unnecessary hardship” for the reasonable return on the property that The Broadway Group LLC was going to buy for the Dollar General.
The full decision is posted below:
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