Following a hearing on appeal of the town zoning officer’s decision to issue a certificate of compliance for occupancy of a mobile home by named tenants in a lease, where the zoning board upheld the determination finding that the local zoning ordinance permitted a mobile home on the property so long as it was “used as a dwelling by employees of an active farm operation,” neighbors appealed. The New York appellate court found the zoning board’s determination that the property was in fact an active farm operation and that the tenants were employees of that operation was neither unreasonable nor irrational. Further, the Court found that the petitioners were afforded an opportunity to be heard at a September 2010 public hearing, and the subsequent zoning board meeting in December 2010 when this matter was on the agenda was simply for the board to vote, and not for the purpose of an additional hearing.
Little v Town of Fabius Zoning Board of Appeals, 2011 WL 4509258 (N.Y.A.D. 4 Dept. 9/30/2011)
The opinion can be accessed at: http://www.nycourts.gov/courts/ad4/clerk/decisions/2011/09-30-11/PDF/0987.pdf
